Supreme Court Justice Luiz Fux suspended on Monday, September 28, 2026, a decision by Justice Flávio Dino that had permitted the circulation of social media posts claiming there was a movement to remove the title of “Patroness of Brazil” from Our Lady of Aparecida. Fux’s ruling reinstates a previous determination by Justice André Mendonça of the Superior Electoral Court (TSE), which had ordered platforms to remove content falsely alleging that Flávio Bolsonaro or members of his family intended to strip the Catholic saint of her title.
Judicial Conflict Over Platform Content
The dispute centers on a post made on September 24 by humorist Antônio Tabet on the platform X, which stated, “The militia family hates Black women so much that it decided to attack Our Lady of Aparecida.” Following a request from the campaign of Flávio Bolsonaro, Justice André Mendonça ordered the removal of the post and similar content, classifying the information as “notoriously untrue.”
On Sunday, September 27, Justice Flávio Dino overturned Mendonça’s order, arguing it had “generalizing character” and impeded the criticism provided for by the law of religious freedom. Dino’s decision also opened a channel for other parties to request similar relief, a mechanism that Fux described as an irregular attempt to bypass standard case distribution. By Monday, Fux had suspended the effects of Dino’s ruling, effectively restoring Mendonça’s original mandate while the case awaits a full review by the Supreme Court plenary.
Expert Insight: The Risks of Procedural Bypassing
By characterizing Dino’s decision as a “universal court of complaints” that ignores the right to a natural judge, Fux signaled a firm stance against the current methods of bypassing the standard distribution process.
Platform Compliance and Next Steps
Fux has ordered X, Facebook, Instagram, TikTok, and YouTube to comply with the original TSE determination within 24 hours. The platforms are required to report their actions to both the Supreme Court and the TSE. Failure to adhere to these orders may result in fines for acts against the dignity of justice and potential criminal charges for disobedience. The matter is now slated for review by the Supreme Court’s plenary, which will determine the final legality of the content removal and the scope of the justices’ individual powers during the ongoing electoral period.
Supreme Court order mandates removal of false religious claims
What content is affected by the Supreme Court order?
The order mandates the removal of posts and news reports that falsely claim there is an organized movement by evangelical groups or that Flávio Bolsonaro or members of his family intend to remove the title of “Patroness of Brazil” from Our Lady of Aparecida.
Why did Justice Luiz Fux intervene in the case?
Fux intervened after the campaign of Flávio Bolsonaro filed a request. He determined that Justice Flávio Dino’s decision to allow the posts created an improper “permanent channel” for complaints that bypassed the court’s standard case distribution rules.
What happens to the platforms that do not remove the content?
Platforms including X, Facebook, Instagram, TikTok, and YouTube have 24 hours to comply with the reinstatement of Mendonça’s original order. Non-compliance may lead to fines and potential charges for disobedience or acts against the dignity of justice.
How will the final decision on these social media posts be made?
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