STF-TSE clash escalates after Dino overturns Mendonça ruling on Tabet post
TSE President Nunes Marques warns STF Chief Fachin of "institutional capture" risk after Justice Dino bypassed electoral court appeals to remove a comedian's social media content.
KEY POINTS
- Justice Flávio Dino overturned TSE Vice President André Mendonça's order to remove Antonio Tabet's social media post.
- Dino ruled via a petition in an unrelated case, bypassing the standard appeal to the TSE plenary.
- OAB expert Rogéria Dotti says the move violates due process and the natural judge principle.
- TSE President Kassio Nunes Marques warned STF Chief Edson Fachin of "institutional capture" risk.
- Nunes Marques asked the STF to regulate urgent petitions interfering with 2026 electoral rulings.
Supreme Court Justice Flávio Dino annulled a ruling by TSE Vice President André Mendonça on Sunday that had ordered the removal of comedian Antonio Tabet's post about an alleged attack on Our Lady of Aparecida. Dino granted the request via a simple petition filed in an unrelated case involving Marlon Reis and Deltan Dallagnol, rather than through a standard appeal to the TSE plenary.
OAB National Civil Procedure Commission President Rogéria Dotti stated the maneuver appears to violate due process and the principle of the natural judge, as it allowed the party to effectively choose the rapporteur. She noted the correct path would have been an independent complaint to the STF subject to random distribution.
“The result is the risk of institutional capture, understood as the functional subordination of the TSE to individual judgments external to the Electoral Justice structure.”
On Monday, TSE President Kassio Nunes Marques sent a formal letter to STF President Edson Fachin warning of a risk of "institutional capture" of the Electoral Court. The letter argues that individual STF justices are interfering in electoral matters before internal appeals are exhausted, undermining the TSE's specialization and collegiality.
Nunes Marques requested that the STF presidency adopt measures regarding urgent petitions related to the 2026 elections. He emphasized that judicial instability during the electoral period, marked by short deadlines, produces consequences that are difficult to reverse.
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