“Nunes Marques Jurisprudence” should not be maintained, says Gilmar

Dean Minister assesses that AtlasIntel case will be taken to the STF and says that companies will claim freedom of expression

Federal Supreme Court Minister Gilmar Mendes assessed that decisions involving the advertising of electoral research should be questioned by the Court throughout 2026. In an interview with the program Roda Vivayes TV Culturaon the night of this Monday (June 22, 2026), the dean called the decision of the president of the TSE that barred the broadcast of the as “Nunes Marques jurisprudence” and added that the decision does not remain in the STF.

“I think a case like this [envolvendo a pesquisa AtlasIntel] It will certainly end up in the Federal Supreme Court. If this Nunes Marques jurisprudence continues, I can already guess that there will be complaints filed in the Federal Supreme Court alleging, at the very least, ADPF 130, freedom of expression. It is certainly not a jurisprudence that will be maintained”he declared.

With his speech, the minister assessed that the case, which is still being analyzed by the TSE referendum, could be taken to the Supreme Court under the allegation of disrespect for STF precedents involving freedom of expression, such as ADPF 130 (Argution of Failure to Comply with Fundamental Precepts), which declared invalid the Press Law created by the military dictatorship — a device that allowed censorship.

UNDERSTAND

The case involves the preliminary (provisional) decision of the president of the TSE, minister Kassio Nunes Marques, which determined the suspension of the AtlasIntel survey that indicated the loss of popularity of pre-candidate Flávio Bolsonaro (PL) — in this case, the survey mentioned conversations in which the congressman asks Daniel Vorcaro for money to make the film “Dark Horse”about former president Jair Bolsonaro (PL).

Nunes Marques referred the case to the plenary referendum on June 9. The trial was interrupted with a request from Minister Estela Aranha.

In his vote, the reporting minister stated that electoral polls have the power to directly influence the political dispute, so it is necessary to follow rules so as not to manipulate the conviction of those interviewed. The president of the court stated that the research influenced voters’ reflection with the questionnaires that indicated a correlation between Flávio Bolsonaro and the founder of Banco Master, Daniel Vorcaro.

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