President of TSE defends the respect to the jurisprudence during the electoral period

Presidente do TSE

The president of the Superior Electoral Court (TSE), Justice Luiz Fux, said today that the judges who act in the Electoral Justice should seek the uniformity of decisions during this year’s election dispute.  According to him, it is important that the judges who act in the TREs “speak the same language” and apply the jurisprudence fixed by the Electoral Justice, generating a judicial security to the parts.

The statement was made during the opening of the seminar “Perspectives e Desafios da Propaganda Eleitoral: Eleições 2018” (Perspective and Challenges of the Electoral Propaganda: 2018 Elections), this Thursday morning (19), in the main building of the Court.  “The idea is that the jurisprudence of the courts give a destination to the judges and, for this purpose, they must be coherent. It is not possible to judge similar cases in a different way.  The jurisprudence must be stable,” he said, adding that the synchrony between the judges must also be stimulated by means of a continuous dialogue.

The exposure made by the president of TSE focused on the guidelines about the electoral propaganda, it's limits and sealing.  For him, it is extremely important to debate, in this period, consistent rules on the topic, exactly because of the necessity for the uniformization of the judicial statements.  “Nothing is more disquieting to the jurisdiction than an inconsistent justice,” he observed.

According to the justice, guaranteeing the strength of the jurisprudence is precisely ensuring the visibility of the judicial decision and, with that, the judicial security and isonomy.  “We all are equal before the law, they must also be equal before the jurisprudence,” he highlighted.

Fake news and the quality of the electoral debate

Luiz Fux still highlighted, in his lecture, the preoccupation of the Electoral Justice with the quality of the debates between candidates, before the disclosure of fake news.  “In practice, if an electoral debate is focused on fake news, the candidates will not show to the voter what they intend to do, but they will, in fact, defend themselves from the news that has fake information,” he stated.

Organized by the TSE, the event unites, until tomorrow (20), judges from all over the country, which are responsible for analyzing actions that involve the electoral propaganda.  They have debated legislative and jurisprudential news on the issue, which encompasses the following themes: freedom of speech, anticipated propaganda, use of social media, promotion of content, fake news, amongst others.

According to the director of the Electoral Judiciary School of TSE (EJE), justice Tarcisio Vieira de Carvalho Neto, which was also present at the opening of the seminar, the objective is to unite the judges of all TRE’s that are responsible for the propaganda in order to understand the legislative news and reflect on the issue.  “We will review this entire day and all these themes, and highlight the salience, stains, and doubts that have the need for systematization,” he explained. “The idea is not that the judges leave with a behavioral pattern since it would go against their independence, but, in fact, with the understanding on news that scape the traditional knowledge of the common judge and of the own Electoral Justice,” he highlighted.

The seminar continues during today’s afternoon with the following panels:  Doctrinal and jurisprudential aspects of the electoral propaganda in light of the freedom of speech; Electoral propaganda on the internet - practical dilemmas; Electoral propaganda on the internet - social media and the promotion of content; and Fake news - democracy and judicial control.  On Friday (20), the group reunites in order to consolidate the main suggestions and debates that were proffered during the panels.