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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… EXTRACT FROM THE MINUTES Appeal No. 0600201-63.2024.6.06.0118/CE. Rapporteur: Minister Ricardo Villas Bôas Cueva. Appellant: Evandro Sá Barreto Leitão (Attorneys: Bruna Ferreira de Araújo Bezerra – OAB: 42637/CE and others). Appellee: André Fernandes de Moura (Attorneys: Damião Soares Tenório – OAB: 26614/CE and others). Decision: The Court, unanimously, denied the appeal, in accordance with the rapporteur's vote. Composition: Ministers Cármen Lúcia (President) and Estela Aranha, Ministers Nunes Marques, André Mendonça, Antonio Carlos Ferreira, Ricardo Villas Bôas Cueva and Floriano de Azevedo Marques. Deputy Attorney General for Electoral Affairs: Alexandre Espinosa Bravo Barbosa. Virtual Ordinary Session from May 1st to 8th, 2026. https://consultaunificadapje.tse.jus.br/consulta-publica-unificada/documento?extensaoArquivo=text/html&path=tse/2026/5/18/17/51/1/86eb5dfd8c3ddd… 6/6

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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

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Evandro_Sá_Barreto_Leitão_v_André_Fernandes_de_Moura.pdf
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Evandro Sá Barreto Leitão v. André Fernandes de Moura

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