Supreme Court Justice Alexandre de Moraes has given the defense of former President Jair Bolsonaro 48 hours [1] to clarify the use of artificial intelligence.
The ruling addresses the legal boundaries of synthetic media in political campaigning. As AI tools become more accessible, the Brazilian judiciary is scrutinizing whether candidates are using deepfakes or unauthorized likenesses to influence voters.
The inquiry focuses on a specific video produced using AI that featured the image and voice of the former president. This content was presented during a Liberal Party (PL) convention on Saturday, Oct. 25, 2023 [2], which served to officialize Flávio Bolsonaro as a candidate for the presidency [2].
Justice Moraes is seeking to determine if the former president provided explicit authorization for the production and broadcast of this synthetic material. The court's investigation centers on whether the AI-generated content was a legitimate campaign tool or a deceptive use of a public figure's identity.
The defense must now provide evidence of consent or a legal justification for the video's creation within the specified window [1]. The outcome of this request could set a precedent for how the Supreme Court handles AI-generated political advertisements in Brazil, a growing concern for electoral integrity.
Failure to provide a satisfactory explanation within the 48-hour period [1] may lead to further judicial sanctions or restrictions on the party's use of synthetic media during the election cycle.
“Justice Alexandre de Moraes has given the defense of former President Jair Bolsonaro 48 hours to clarify the use of artificial intelligence.”
This judicial move signals that the Brazilian Supreme Court is treating the unauthorized use of AI likenesses as a potential legal violation rather than a mere campaign quirk. By demanding a strict timeline for proof of authorization, the court is establishing a framework where political parties must maintain documented consent for synthetic media, potentially limiting the use of deepfakes in future Brazilian elections.
