O vice president of the Superior Electoral Court (TSE)minister André Mendonça, determined the removal, within 24 hours, of publications on social networks that associate the presidential pre-candidate, Flávio Bolsonaro (PL-RJ)to the Constitutional Amendment Proposal (PEC) 12/2026 and which said that the measure creates or imposes a “7×0″ working scale or end paid weekly rest. THE preliminary decision was published last Friday (19), and provides for a daily fine in case of non-compliance, in addition to prohibiting the republication of the same or “substantially equivalent” content.
A measure was taken in a representation presented by the Liberal Party (PL), which pointed out posts on X and Threads attributed to parliamentarians such as the federal deputy Erika Hilton (Psol-SP) and deputies Rogério Correia (PT-MG) and Lindbergh Farias (PT-RJ). The PL maintains that the material goes beyond political criticism and qualifies as early negative electoral propaganda, as it spreads false or seriously decontextualized information about the proposal.
Authored by the leader of the opposition in the Senate, Rogério Marinho (PL-RN), PEC 12/2026 proposes that the worker choose between the common regime provided for by Consolidation of Labor Laws (CLT) or a flexible regime based on hours worked.
In the decision, Mendonça stated that the Electoral Court should interfere as little as possible in the public debate, including tolerating harsh criticism of public agents and pre-candidates. But he said that the Court can act when there is evidence of disclosure of a “fact known to be untrue”. or serious decontextualization capable of misleading voters. In the preliminary analysis, he considered plausible the allegation that PEC nº 12/2026 does not change the constitutional provision that guarantees weekly rest and does not expressly establish the 7×0 scale.
According to the decision, the problem is not criticizing the PEC or its supporters, but present as a “fact” that it would impose work seven days a week without restlinking this conclusion to pre-candidate Flávio Bolsonaro.
“Saying that a certain proposal could weaken labor rights, opens the door to abusive working hours or should be rejected due to its potential for precariousness lies, in principle, in the field of political opinion. Stating, however, that the pre-candidate supports a proposal that imposes a 7×0 scale, ends weekly rest or creates seven days of work and no days of rest, gives him an objective and determined position that, at least in preliminary judgment, is not extracted from the legislative text indicated as the source of the accusation”, Mendonça wrote in the decision.
The minister also cited the risk of damage due to the speed of circulation on the networks of a topic “sensitive to the electorate”, which are labor rights and working hours.
