Previous 4 / 6 Next

7/28/26, 2:44 PM consultaunificadapje.tse.jus.br/consulta-publica-unificada/documento?extensaoArquivo=text/html&path=tse/2026/5/18/17/51/1/86e… Article 9-C. The use of fabricated or manipulated content in electoral propaganda, regardless of its form or modality, to disseminate demonstrably false or decontextualized facts with the potential to harm the balance of the election or the integrity of the electoral process is prohibited. (Included by Resolution No. 23.732/2024) § 1. The use of synthetic content in audio, video, or a combination of both formats, generated or manipulated digitally, even with authorization, to create, replace, or alter the image or voice of a living, deceased, or fictitious person ( deep fake ) , is prohibited for purposes of harming or favoring a candidacy . (Included by Resolution No. 23.732/2024) [...] (Emphasis added) In the case at hand, it can be inferred from the factual framework of the original judgment that the appellant posted a video on his TikTok profile featuring internationally renowned personalities – such as Barack Obama, Taylor Swift, Tom Cruise, and Cristiano Ronaldo – with artificially altered speech to simulate support for his candidacy, through the pronunciation of the expression "Closed with Leitão". I quote a passage from the judgment: The controversy, therefore, boils down to assessing whether the disputed video, released by the then-candidate for Mayor of Fortaleza/CE on his TikTok profile , violated electoral law by using a foreign language and Artificial Intelligence resources without disclosing the use of this technology, thus warranting the application of a financial penalty by this Court. [...] In the case at hand, the video in question was published on TikTok (@evandroleitao_) , which is alleged to constitute irregular advertising due to the improper use of artificial intelligence, deep fakes , the creation of mental states, and advertising in a foreign language. [...] In this case, it is impossible to conclude that the video featuring Barack Obama, Taylor Swift, Tom Cruise, and Cristiano Ronaldo supporting the then-recurrent candidate, with the expression "Closed with Leitão" being used , has the power to favor or harm the candidacy, or even to create mental states in voters. (Id. 164685985 – emphasis added) As can be seen, there was manipulation of audiovisual content through artificial intelligence, characterizing the practice of so-called deep fake, in violation of Article 9-C, § 1, of TSE Resolution No. 23,610/2019, which prohibits the dissemination of fabricated or manipulated content that distorts the reality of the facts. Contrary to the understanding of the court of origin, the adulteration of digital content for electoral purposes is sufficient to characterize the irregularity of the expression, regardless of proof of potential to mislead the voter, since the prohibition of art. 9º-C, § 1º, of TSE Resolution nº 23.610/2019 has an objective nature. Incidentally, I highlight the monocratic decision in AREspE No. 0600090-18.2024.6.26.0411/SP, Rapporteur Justice André Mendonça, published in the Official Gazette on 5/3/2025, which, in the case where a video was disseminated using artificial intelligence ( deep fake ) to create a false statement that the President of the United States, Donald Trump, politically supports the candidate of the appealing coalition, upheld the fine due to the violation of Article 9-C of TSE Resolution No. 23,610/2019. Similarly, the single-judge decision preferred by Minister Floriano de Azevedo Marques in AREspE No. 0600191-83.2024.6.17.0127/PE, published in the Official Gazette on 05/23/2025, which upheld the decision of the TRE/PE (Regional Electoral Court of Pernambuco), recognizing the illicit nature of the propaganda carried out through the publication of a video on the Instagram social network with digital manipulation by altering human image and voice ( deep fake ), in violation of Article 9-C, § 1, of TSE Resolution No. 23,610/2019. https://consultaunificadapje.tse.jus.br/consulta-publica-unificada/documento?extensaoArquivo=text/html&path=tse/2026/5/18/17/51/1/86eb5dfd8c3ddd… 4/6

Select target paragraph3

● ● ●

Evandro Sá Barreto Leitão v. André Fernandes de Moura

Judgment

Question Presented: Did defendant Leitao violate Brazilian Electoral Law when he posted and disseminated artificial intelligence generated videos of international celebrities including Barack Obama, Taylor Swift, Tom Cruise, and Cristiano Ronaldo endorsing his 2024 mayoral campaign on his TikTok profile?

Alleged Acts: Violating TSE Resolution No. 23,610/2019 by utilizing AI deep fake videos for the purpose of harming or favoring a candidacy.

Procedural history: The Trial Court ruled in favor of plaintiff Fernandes and imposed a R$15,000 fine for a violation of TSE Resolution 23.610/2019. Defendant Leitao appealed and the regional Tribunal Regional Eleitoral do Ceara reversed the prior ruling in favor of Leitao. Fernandes appealed to the Superior Electoral Court (TSE) who reinstated the original R$ 15,000 fine and reversed the regional court's judgment. Defendant Leitao filed an internal appeal within the TSE which was denied in this final decision.

Summary: During his 2024 mayoral campaign, defendant Leitao utilized artificial intelligence to generate and post deep fake videos on his TikTok profile. These videos utilized artificial intelligence to portray internationally renowned public figures Barack Obama, Taylor Swift, Tom Cruise, and Cristiano Ronaldo as supporters of Leitao and using the campaign phrase “Closed with Leitao.” Brazilian election law within TSE Resolution No. 23,610/2019 makes it illegal for anyone to use AI generated or manipulated audio or video to harm or favor a candidate. As a result, Deputy Fernandes brought legal action against Leitao for his campaigning on TikTok. Leitao raised the defense that this was clearly satire that wouldn’t deceive anyone since these internationally renowned American figures would not have been involved in a local Brazilian mayoral election.

Conclusion: The Superior Electoral Court denied defendant Leitao’s appeal and reinstated the R$ 15,000 fine for an electoral law violation. The Court found that the plaintiff never had the burden to prove the AI deepfakes had the potential to deceive a reasonable voter. Instead, the fact that Leitao had manufactured, posted, and utilized AI generated media for the purpose of promoting his campaign was sufficient to find Leitao liable. The court found the fine amount reasonable and proportional to the violation of election law.

Legal Issue(s)

Social Media
Technology

Applicable Law(s): TSE Resolution No. 23,610/2019, Article 9-C; Law No. 9.504/1997, Article 57-D

Region: Americas

Country: Brazil

Language of Decision

Portuguese

Court: Electoral Court

Election Type: Mayoral

Date of decision: May 8, 2026

Geolocation

Latitude: -15.81027777777778

Longitude: -47.87166666666667

: Geolocation

Link: Brazil Superior Electoral Court Judgment

Primary Documents

Evandro_Sá_Barreto_Leitão_v_André_Fernandes_de_Moura.pdf
English
Download View

Election Judgments - IFES

Select target paragraph3

Evandro Sá Barreto Leitão v. André Fernandes de Moura

Primary Documents

Notifications