Lula’s Phone Calls to the STF: A Direct Challenge to Electoral Independence Days Before the Vote
By Hotspotnews
With the second round of Brazil’s 2026 presidential election only days away, reports that President Luiz Inácio Lula da Silva has been telephoning Supreme Federal Court (STF) ministers to complain about the head of the Superior Electoral Court (TSE) raise serious questions about the separation of powers. According to columnist Bela Megale of O Globo, Lula has been privately expressing discontent with TSE President Kassio Nunes Marques, accusing him of decisions that favor challenger Flávio Bolsonaro.
The friction centers on recent TSE actions involving campaign communications. Nunes Marques ordered the temporary suspension of the large WhatsApp channel “Exército do Lula,” managed by deputy André Janones, after the Flávio Bolsonaro campaign argued it was spreading content the court had already deemed lacking in factual basis. The measure was later reversed or modified by other ministers, including corregedor Ricardo Villas Bôas Cueva, prompting public criticism from Lula that the TSE president “cannot have a side in politics.” Megale’s reporting indicates Lula was advised to avoid face-to-face meetings with magistrates until after the election but continued phone conversations anyway. In those exchanges, he reportedly expressed surprise that Flávio led after the first round and remained confident of victory. Ministers, in turn, used the calls to criticize government disorganization, particularly in the Justice Ministry, and the lack of institutional support for Federal Police director Andrei Rodrigues amid pressure from other STF figures and the opposing campaign.
Kassio Nunes Marques was nominated to the STF by former President Jair Bolsonaro. Earlier in Lula’s term, reports described efforts by the minister to build a working relationship with the presidency, including discussions around judicial appointments. That relationship has visibly deteriorated during the campaign as the TSE issued a series of rulings that the PT side viewed as unfavorable, while some within the TSE itself have privately questioned whether Nunes Marques’s actions reflected engagement with the Flávio campaign. Both camps have filed numerous challenges, contributing to a sharp rise in electoral litigation compared with 2022.
Consequences
Private complaints from a sitting president and candidate to justices about the official overseeing the election he is contesting blur the line between executive influence and judicial independence. Even if the conversations contain no explicit orders, the mere fact that a candidate is lobbying Supreme Court members about the conduct of the electoral authority creates an appearance of pressure. This is especially sensitive in Brazil, where the TSE holds broad powers over campaign rules, content, and administrative decisions in the final stretch of a race. It risks further politicizing an already polarized judiciary and eroding public confidence that the rules are applied evenly, regardless of which side benefits. If voters perceive the process as subject to back-channel influence, the legitimacy of the eventual result—whoever wins—faces lasting damage. It also sets a precedent that future candidates may feel entitled to treat the STF as an extension of campaign strategy.
What to Expect
In the remaining days before the vote, expect heightened scrutiny of any further TSE decisions involving campaign content, digital channels, or advertising. The Flávio Bolsonaro campaign and conservative voices will likely amplify the Megale report as evidence of executive overreach, while the Lula campaign will frame Nunes Marques’s earlier rulings as the real source of imbalance. Legal challenges seeking to limit the TSE president’s individual powers or to revisit specific decisions are probable. Institutional responses from the courts are likely to emphasize formal autonomy, but the episode will intensify long-running debates about the proper boundaries between the presidency, the STF, and the electoral system. After the election, any perceived irregularities tied to these dynamics could fuel post-vote litigation and deepen divisions over judicial reform.
Sources
Bela Megale column, O Globo (“As conversas de Lula com ministros do STF no segundo turno”), October 20, 2026; public statements by President Lula on TSE impartiality; reporting in Folha de S.Paulo, G1, Valor Econômico, and VEJA on TSE rulings regarding the “Exército do Lula” channel and related campaign disputes.
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