The national directory of the Solidariedade party has filed a formal petition with the Supreme Tribunal Federal (STF), requesting the removal of Kassio Nunes Marques, André Mendonça, and Estela Aranha from their roles as auxiliary judges for electoral propaganda at the Tribunal Superior Eleitoral (TSE). The filing, submitted by federal deputy Paulinho da Força, national president of the party, challenges the legality of the appointments and alleges significant delays in handling campaign disputes ahead of the upcoming elections.
The petition was formally lodged on Sunday within the same legal action where Justice Flávio Dino had previously overturned an order by André Mendonça regarding the removal of online posts concerning Nossa Senhora Aparecida. The legal challenge targets the framework governing the oversight of irregular propaganda and right-of-response requests during the presidential race, arguing that the current setup bypasses rules requiring substitute ministers to fill these positions.
Challenging the TSE Auxiliary Appointments
According to the Solidariedade party, the composition of the auxiliary judges’ panel violates internal guidelines established for the 2026 electoral cycle. The legal filing points out that a portaria issued in May by Kassio Nunes Marques—acting as the president of the electoral court—designated André Mendonça to an open vacancy rather than drawing from substitute judges. The party states that there were four substitute ministers in office on the date of the portaria and five currently.
With Estela Aranha already appointed in December 2025 and the presidency itself included in the distribution of cases, the petition highlights that none of the three auxiliary judges overseeing the presidential election are substitute ministers. The party contends that this structure creates four primary irregularities:
- Individual Action: The designation should be decided by the full court rather than through an individual administrative act by the president. The party says there is no record that the portaria was submitted to plenary referendum.
- Self-Designation: The president of the TSE included himself among the adjudicators, which, according to the party, violates the principles of the natural judge and impartiality.
- Compromised Appeals: The three auxiliary judges also hold three of the seven seats on the plenary body that reviews appeals against their own decisions.
- Workload Pressures: Effective ministers accumulate ordinary TSE distribution and the STF caseload, which the party says delays decisions that the law mandates to be taken within hours.
The legal action requests that the TSE plenary designate three auxiliary judges among the substitute ministers within 24 hours and redistribute ongoing lawsuits to them immediately, or alternatively starting October 5, the day after the first electoral round.
Case Backlogs and Campaign Impact
Beyond the structural objections, the petition draws attention to processing delays within the electoral system. Citing an internal review of the TSE docket between the two main candidacies, the document notes that out of 106 requests for a right of response filed between August 15 and September 23, only 34 had been analyzed. Of those, just 18 were decided within the legal deadline of 72 hours.
Furthermore, the filing states that out of 197 processes opened between the two campaigns since August 15, 141 remained without a decision on a preliminary injunction request as of September 23. The party argues that the situation inverts the STF’s logic regarding freedom of expression: content removal orders are issued in hours, while the right of response takes longer.
As the legal proceedings continue, the petition remains under review within the broader framework of ongoing electoral and constitutional challenges pending before the high court.
