The minister of the (Federal Supreme Court), took office this Tuesday (12) as president of the (Superior Electoral Court), defended that it is essential that the court respect freedom of expression and criticized what he called “excesses incompatible with the democratic rule of law”. He will be his vice-president.
“In any consolidated democracy, it is essential that these freedoms are observed, which allow the exchange of ideas and adequate debate on all issues effectively relevant to the citizen and, therefore, to society”, he said, in a speech.
The election, he said, will only be successful “if it manages to faithfully capture the voice of each of its citizens.” “To fulfill this mission, we must act with independence, balance and prudence, without omission in the face of concrete threats to the democratic process, but also without incurring excesses incompatible with the democratic rule of law”, he added.
At another point in his speech, the minister also expressed a concern that he has expressed to close advisors: the defense of electronic voting machines. In his view, it is possible that the issue will resurface and the system will be questioned again, as happened in 2022, when the former president () and allies spread lies about the functioning of the equipment.
“The Brazilian electronic voting system constitutes an institutional heritage of our democracy. Regarding the reception, counting and dissemination of votes, our system is the most advanced in the world. This prominent global position does not prevent the constant improvement of our system”, he said.
According to him, it is therefore important to preserve and continually strengthen public trust around the system.
The ceremony brought together, in the same place, President Lula () and the senator and pre-candidate for Planalto (PL), as well as the presidential candidate and former governor of Goiás ().
Upon arriving at court, Flávio stated during the October elections.
According to the parliamentarian, in 2022, the minister “unbalanced” the presidential dispute, when his father was defeated by Lula. “The TSE is like football refereeing: it can’t appear in the game. It doesn’t appear much, otherwise the referee is making a lot of mistakes,” he said.
Authorities such as the presidents of , (União-AP), and the Chamber, (-PB), and the former first lady also attended. Kassio invited all the former presidents of the Republic. José Sarney, 96, attended the ceremony.
Lula sat at the table at the event alongside Alcolumbre, with whom the government has fallen out in recent weeks. The ten Supreme Court ministers were also present.
Former first lady Michelle Bolsonaro was in one of the first rows, sitting next to the governor of Brasília, Celina Leão (), with whom she is friends, and Yara de Abreu, wife of the former minister of the STF and Justice, Viviane de Barci, a lawyer married to Alexandre de Moraes.
Convicted of an attempted coup d’état, Bolsonaro is under house arrest and, therefore, would depend on authorization from Moraes, rapporteur of the coup plot at the Supreme Court, to attend his nominee’s ceremony.
The inauguration also brought together state ministers, such as José Múcio (Defense) and the attorney general of the Union, – for a vacancy in the Supreme Court –, governors, such as judge Ricardo Couto, from Rio, party leaders, such as the president of the PL, as well as public figures such as the singer Fagner and the former football coach Vanderlei Luxemburgo.
Alcolumbre at the moment when the AGU was applauded when being mentioned at the ceremony. The senator sponsored the defeat of Lula’s nominee to the STF at the end of April.
Also in the speech, which lasted around 25 minutes, Kassio promised to work to ensure that the election takes place under “democratic normality” and spoke about challenges facing Electoral Justice, such as disinformation and the use of social networks. He recalled that the court held public hearings this year, heard parties and issued resolutions on the matter.
He said that all the contributions made were echoed in the court and that the “future will not be designed by machines”. He stated that “patience is needed”, but also defended actions so that the public debate is not “hijacked” and so that democracy is protected.
He also preached “institutional neutrality”.
as to Sheet showed, Kassio’s arrival as head of the organization creates a climate of distrust on the part of Bolsonaro’s allies, who nominated him to the Supreme Court, due to recent gestures of rapprochement with the government.
Successor to the presidency of the TSE, the minister will command the court in 2026, which has Flávio as a pre-candidate for Planalto, and has stated that he wants to create a different style than Alexandre de Moraes adopted in 2022.
In charge of the electoral court at that time, Moraes was the target of complaints from the Bolsonaro clan due to the removal of content considered false and had to deal with attacks on the electoral system.
as to Sheet showed, Kassio wants to prioritize the right of reply over content removal measures throughout the campaign, for example. This would be connected to the judge’s vision of freedom of expression. Furthermore, he told assistants that removing content does not remove material from circulation in messaging applications, for example, and, therefore, would be inefficient.
The minister was nominated to the Supreme Court in 2020 and his choice was influenced by senators Flávio Bolsonaro and (PP-PI), one of the centrão leaders in Congress. At the time, the then federal judge was campaigning for a vacancy on the (Superior Court of Justice).
Kassio Nunes Marques is 53 years old and born in Teresina (PI). Before arriving at the Supreme Court, he was a judge at the TRF-1 (Federal Regional Court of the 1st Region) — he arrived in 2011 where he was appointed by the former president (PT), thanks to his proximity to political chiefs from the MDB and PP, including Ciro Nogueira.
He also worked at the TRE-PI (Regional Electoral Court of Piauí) and was a lawyer for 15 years.
Succession to the presidency of the TSE follows the criterion of seniority among the Supreme Court ministers who make up the electoral court. The TSE is always presided over by one of the three Supreme Court ministers who make up its staff. In addition, there are two members of the STJ and two of the so-called class of jurists, made up of members of the legal profession. The vacancies are rotating.
SEE NEW COMPOSITION OF TSE
- Kassio Nunes Marques (President)
Nominated to the STF by Jair Bolsonaro (PL)
- André Mendonça (Vice-President)
Nominated to the STF by Jair Bolsonaro (PL)
Nominated to the STF by Lula (PT)
- Antonio Carlos Ferreira (Corregedor-Geral)
Nominated to the STJ by Dilma Rousseff (PT)
- Ricardo Villas Bôas Cueva
Nominated to the STJ by Dilma Rousseff (PT)
- Floriano Peixoto de Azevedo Marques Neto
Jurist appointed by Lula (PT) from triple lists drawn up by the Supreme Court plenary
Jurist appointed by Lula (PT) based on triple lists drawn up by the plenary of the Supreme Court