Deputy prosecutor says that intervention by the Electoral Court in surveys must be exceptional
The Public Electoral Ministry sent on Monday (June 22, 2026) to the Superior Electoral Court an opinion contrary to the individual decision of the Minister of the Federal Supreme Court Nunes Marques, president of the TSE, that the publication of a voting intention survey for President of the Republic carried out by AtlasIntel.
The survey was carried out after the announcement between the senator (PL-RJ), pre-candidate for the Presidency of the Republic, and Daniel Vorcaro, founder of Banco Master. The objective was to measure the impact of the news on voters’ voting intentions.
The opinion was sent in PL’s appeal against the minister’s decision.
At the demonstration, deputy attorney Alexandre Espinosa said that interference by the Electoral Court in voting intention surveys must be exceptional and only be carried out when there is undue intervention in the free formation of the interviewees’ opinions.
For the deputy prosecutor, there were no irregularities in the questions asked to the interviewees. Espinosa considers it natural for research institutes to question voters about “sensitive political topics”.
He stated: “The intervention of the Electoral Court in electoral polls should only be admitted in exceptional situations, in which an objective breach of the duty of equidistance and impartiality in the scientific survey carried out is clearly demonstrated, with concrete evidence that allows the conclusion of an induction that represents significant undue interference in the free formation of the opinion of those interviewed”.
On June 8, 2026, the president of the TSE suspended the publication of the survey as he understood that the survey induced voters’ responses.
The survey indicated a 5-point drop in voting intentions for Flávio Bolsonaro after the release of the senator’s conversation with Vorcaro.
The minister responded to a suspension request made by the PL. The party questioned questions related to the Master case and said that the audio in which Flávio asked Vorcaro for money to finance the film was also presented to voters. “Dark Horse”biopic of the former president (PL).
With Nunes Marques’ individual decision, the research cannot remain published on the company’s official channels, be republished or promoted on social media.
On June 9, the TSE plenary began to decide whether the minister’s injunction will be endorsed, but a request for a review from Minister Estela Aranha interrupted the trial.
The resumption date has not yet been defined.
This text was originally published by Agência Brasil, on June 23, 2026. The content is free for republication, citing the source, and was adapted to the standard of Poder360.
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