Crisis at STF and TSE gains prominence in recent weeks

The President of the Federal Supreme Court, Edson Fachin, decided to postpone the session that would address the issue of Our Lady of Aparecida after a sequence of divergent decisions between justices of the STF and the Superior Electoral Court. The measure prevents the agenda from causing a new "bomb session" and keeps the debate to be resolved by the Electoral Court's plenary.

Postponement of the STF discussion

Fachin informed his colleagues that the vote would not be included in Wednesday's, 30th, session agenda and that he intends to engage in dialogue with TSE magistrates so that the matter is first decided by the Electoral Court's plenary. The decision comes after the so-called "injunction war" between André Mendonça, Flávio Dino, and Luiz Fux.

Conflicting orders regarding social media publications

On Friday, 25th, Justice André Mendonça, then at the TSE, ordered the removal of posts claiming that the PL candidate, Flávio Bolsonaro, intended to revoke the title of patron saint of Brazil from Our Lady of Aparecida. The injunction was reversed on Sunday, 27th, by Flávio Dino, who considered that there was no "degree of certainty about the unlawfulness" of the publications and warned of the risk of censorship.

On Monday, 28th, Luiz Fux granted a request from Flávio Bolsonaro's campaign and reinstated Mendonça's original decision, generating a new request for referral to the STF plenary by Dino and Fux.

TSE President's official letter on institutional capture

Kassio Nunes Marques, President of the TSE, sent an official letter to Fachin warning of the risk of "institutional capture" and requesting that the STF filter new urgent petitions related to the 2026 elections. The document mentions the overlap of jurisdictions and the possibility of functional subordination of the TSE to individual Supreme Court decisions.

Impacts on the 2026 elections

The official letter highlights that, during an electoral period, decisional instability can generate legal uncertainty, stimulate strategic litigation, and compromise the predictability of the rules of the game. The TSE President's concern is that urgent requests might be automatically forwarded to the STF, circumventing the jurisdiction of the Electoral Justice.

Perspectives for the judgment

Fachin signaled availability to schedule the judgment before the first round of elections, seeking to end the war of decisions with a full quorum. Meanwhile, the Court has managed to conduct other sessions without major issues, such as the judgment on maternity leave, which resulted in a unanimous vote.

With information from Folha de S.Paulo, O GLOBO.