Brazilian Supreme Court Justice Gilmar Mendes criticized the conduct of the Electoral Superior Court (TSE) during the 2026 elections, calling for impartial leadership without naming individuals. The court is presided over by Justice Kassio Nunes Marques.
“Those leading the body responsible for organizing an election are expected to act as the equidistant referee envisioned by the Constitution,” Mendes said on Monday night. He added that silence and hesitation in the leadership of important institutions are not neutral.
Mendes said a lack of clear action could create room for contradictory decisions, require other institutions to address issues that could have been resolved earlier, and provide an opening for attacks on the electoral system. He also said the TSE’s panel ensured the election proceeded according to democratic rules, while cautioning that confidence in the process should not depend solely on the panel’s strength.
The TSE received more than 100,000 election-related cases this year, according to figures cited in the original report, including legal disputes over presidential campaign advertising on social media.
The Electoral Court said President Luiz Inácio Lula da Silva won the second round with 64,256,232 votes, or 51.79% of valid ballots, against 59,826,041 votes, or 48.21%, for Flávio Bolsonaro. The final margin was about 4.4 million votes. Official TSE figures showed that 34,393 votes were counted after voting was extended beyond its scheduled 5 p.m. closing time. Even if all had gone to Lula, they would have amounted to less than 1% of the candidates’ final difference.
Voting was extended until 7 p.m. by Supreme Court Justice Cristiano Zanin after both campaigns reported public transport difficulties to the Supreme Court and the electoral authorities.
After the result, Flávio Bolsonaro traveled to the United States and issued a statement alleging electoral fraud without presenting evidence, according to the report. Nunes Marques later said the election had taken place normally and in accordance with legal and constitutional requirements. He also said that, despite instability toward the end of voting, measures taken by the court and the work of its technical staff allowed the count to be completed securely.
Sources: CNN Brasil.