implementation and enforcement, and whether a summary judge would have time to make such a determination
within 48 hours.
Rapid and summary judgment can be effective to remove harmful content or sanction responsible actors and
ultimately protect the integrity of elections. But these proceedings require preparation and adequate financial and
human resources to provide such remedies expeditiously.
B. Courts Pushing Back – Imposing Significant Sanctions
In some jurisdictions, courts have been so concerned about the potential impact of disinformation campaigns
that, in cases brought before them, they have imposed significant sanctions against the individuals behind those
campaigns. For instance, the controversial 2022 Brazilian presidential election gave rise to several legal
challenges on the results. Even before the election period began, former President Jair Bolsonaro claimed,
without evidence, that Brazil’s electronic voting machines were vulnerable to hackers and fraud. After losing his
campaign for re-election, Bolsonaro began claiming publicly that the system was “rigged”, and the election had
been stolen from him.
The Superior Electoral Court ruled in Civil Petition No. 0601958-94.2022.6.00.0000 that Bolsonaro’s claims
lacked sufficient evidence and therefore held that they had been made in “bad faith.” The Court also pointed to
Bolsonaro’s conduct, stating that it was “extremely serious, with wide repercussions, including … several
narratives … that questioned the fairness of the electoral process before this Superior Court, which irresponsibly
boosted criminal and anti-democratic movements.” The Court enforced a fine of R $22.9 million (about USD $4.3
million) against Bolsonaro’s political party coalition for litigation in bad faith. Additionally, the Court held that “the
challenge to the vote appeared aimed at incentivizing anti-democratic protest movements and creating tumult” 53
and ordered an investigation of the party’s president. 54
After continued claims of a rigged, stolen election and attacks by Bolsonaro’s supporters in Brazil’s National
Congress, Supreme Court, and Presidential Palace on January 8, 2023, the Superior Electoral Court barred
Bolsonaro from running for office for eight years. Referring to Bolsonaro’s claims, President of the Court
Alexandre de Moraes stated in Electoral Judicial Investigation Action 0600814-85.2022.6.00.0000, “These are
not possible opinions, they are fraudulent lies.” Minister Benedito Gonçalves was the first to vote against
Bolsonaro; he noted that the former president was directly and personally responsible for practicing “illegal
conduct for the benefit of his candidacy for re-election.” 55
Reed, B. (2022, November 24). “Brazil judge fines Bolsonaro allies millions after ‘bad faith’ election challenge.” The Guardian.
Superior Electoral Court, December 15, 2022, Civil Petition No. 0601958-94.2022.6.00.0000 (Bra.).
55
Superior Electoral Court, June 30, 2023, Civil Petition No. 0600814-85-94.2022.6.00.0000 (Bra.).
53
54
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