31/ 47Lula and criminal gangs
Again, the TSE ordered Flávio to delete posts linking Lula to criminal gangs
On 8 October, the full TSE unanimously ordered Flávio Bolsonaro to delete three posts on X. Two associated Lula with the PCC and CV[1]. The third was an artificial intelligence video with no disclosure that it was AI-generated[1].
30 and May 31, 2026 · Flávio's profile on X
Three posts go live[1]
June 2026 · André Mendonça, reporting justice at the TSE
Rejects the request to remove the posts[2]
16 Aug. 2026 · TSE, by 5 to 2
Orders the removal of another Flávio video associating Lula with the PCC and CV[3]
8 Oct. 2026 · Mendonça's vote, followed unanimously
Linking a prospective candidate to a criminal organization without a minimal factual basis goes beyond the limits of political criticism[1]
The case was brought by the Federação Brasil da Esperança (PT, PCdoB and PV)[4].
The ruling
Seven justices, no votes against
Reporting justice André Mendonça was joined by six justices, including Dias Toffoli and the court's president, Nunes Marques[1]. In June, Mendonça had denied removal; at the hearing, he revised his vote[2]. Flávio had 24 hours to delete the posts, subject to a daily fine, and may not repost the material or similar content[1].
The videos
Gangs, a news program and AI
One video combined a Jornal Nacional segment about military police officers killed in Operação Contenção with a statement by Lula about drug users and dealers, ending with Flávio: “criminals will no longer have a place here in Brazil”[2].
Another, made with AI, showed Lula wearing a shirt saying “Trump, leave our criminals alone”. Mendonça called it satirical criticism[2]; that one was removed for failing to disclose its use of AI, breaching the “duty of transparency”[1].
What it does not say
Criticizing the government remains allowed
The ruling does not prohibit criticism of public security policy or the government's actions[4]. This is a case of early negative electoral advertising, not a criminal prosecution. What the court blocked was linking a prospective candidate to a gang “without a minimal factual basis”, which, in the reporting justice's view, “may constitute serious decontextualization”[1]. The news reports do not include a response from Flávio.
Author’s note
Debunked in 2022, forgotten in 2026
The association is not new. In October 2022, Flávio spread the claim that “CPX” on Lula's cap was a gang acronym, and his and Carla Zambelli's posts totalled 345 thousand likes on Instagram[5]. That time, the press checked: CNN Brasil, with Comprova, showed that CPX means “complexo” (complex) and has no connection to a gang[6].
In 2026, up to October 10, we found no fact-check of Flávio's gang-related posts by Lupa, Aos Fatos, Comprova, g1's Fato ou Fake, Folha or O Globo. The coverage we read recorded the rulings, and the lack of a factual basis appears only in the court's words[1][2]. A repeated lie spreads faster than its correction, and fighting it should be the work of the whole press, not only the electoral courts.
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References06 sources
- 01CNN Brasil · TSE manda Flávio apagar vídeos com IA que associam Lula a facçõesUnanimous ruling of 8 October, Mendonça as reporting justice, three posts from 30 and 31 May, “without a minimal factual basis”, undisclosed AI, a 24-hour deadline and a daily fine.(opens in a new tab)
- 02Gazeta do Povo · TSE contraria Mendonça e manda Flávio remover vídeos que associam Lula a facçõesInterim injunction denied in June, revised vote and the videos' content.(opens in a new tab)
- 03Jornal de Brasília · TSE manda retirar vídeo de Flávio Bolsonaro sobre Lula e facçõesIn August, by 5 to 2, the TSE ordered the removal of another Flávio video associating Lula with the PCC and CV.(opens in a new tab)
- 04Metrópoles · TSE manda Flávio Bolsonaro apagar vídeo que associava Lula ao PCC e CVCase brought by the Federação Brasil da Esperança; the ruling does not prevent criticism of public security.(opens in a new tab)
- 05Aos Fatos · Espalhada por Zambelli e Flávio, mentira sobre Lula e facção teve 345 mil likes no InstagramFlávio and Zambelli spread the claim that Lula's “CPX” cap was linked to a gang; 345 thousand likes on Instagram.(opens in a new tab)
- 06CNN Brasil · CPX em boné usado por Lula significa complexo e não tem relação com facçãoFact-check with Comprova: CPX means “complexo” and is not a gang acronym.(opens in a new tab)