Brazil’s Superior Electoral Court is weighing a fine for a digital avatar of former President Jair Bolsonaro used during a campaign launch on July 25, 2026. The high-stakes case serves as a crucial early test for strict new artificial intelligence regulations governing the upcoming elections.
Justices of the Superior Electoral Court are converging on a regulatory strategy that could shape how campaigns deploy synthetic media. Rather than invoking severe penalties that could disrupt candidate eligibility, the court’s internal discussions point toward financial penalties for digital likenesses.
Kassio Nunes Marques Convenes Tribunal to Set Precedent
Tribunal President Kássio Nunes Marques scheduled an internal meeting for Thursday (13) with members of the Court to address the controversy surrounding the synthetic video. The recording featured a digital simulation of Jair Bolsonaro endorsing the candidacy of Flávio Bolsonaro (PL-RJ), during a party convention.
The case is being reported by Nunes Marques; alongside Justices André Mendonça and Estela Aranha, he is part of the group responsible for analyzing actions related to irregular campaign advertising, known as the “advertising judges.” The meeting, reported by the portal Poder360, is expected to take place shortly after Thursday’s plenary session.
The court aims to establish a definitive precedent before campaigns accelerate nationwide. According to court interlocutors, there is concern among the justices that, without a clear precedent early in the campaign, the Electoral Justice system will be flooded with complaints involving AI. It is scheduled for the week of August 17, being considered one of the most relevant judgments of the election as it is one of the first concrete tests of the rules on AI.
The discussion among the justices has shifted from focusing solely on whether or not there was a violation of the TSE resolution on artificial intelligence to targeting the most appropriate legal response for this type of conduct. The line gaining traction distinguishes cases of irregular campaign advertising from those in which the use of technology constitutes an abuse of power, a scenario that could justify more rigorous punishments.
The Legal Battle Over Resolution and Synthetic Content
The PT filed a complaint against the PL for the use of a video of Jair Bolsonaro generated by artificial intelligence during the party’s convention on July 25. The PT alleges a violation of article 9-C of the TSE resolution, which prohibits the use of synthetic content created or manipulated to alter the image or voice of a person with the objective of favoring or harming a candidacy or party, even with the authorization of the person depicted.
At the PL convention, a digital version of Bolsonaro spoke to participants as if the former president were at the event. The recording stated that he was imprisoned, informed that it was a simulation, and declared support for Flávio Bolsonaro. The video included banners and warnings about the use of artificial intelligence, but the PT questioned its legality.
In the assessment of a justice heard privately by GLOBO, there is room for a majority to form around the application of a fine in cases where only the non-compliance with rules on campaign advertising is characterized. More serious sanctions, such as those capable of affecting the registration or the mandate of candidates, would be reserved for situations of abuse or recidivism.
Nunes Marques in August 2025. The justice will be president of the TSE in the 2026 election, after the end of Cármen Lúcia’s term. The court is expected to judge the PT’s complaint against the PL for the video created with Artificial Intelligence next week.
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