Flávio Bolsonaro's lawyer says that TSE did not identify fake news in 'Lula's Army' because Janones deleted messages

Lawyer Maria Cláudia Buchianeri, legal responsible for Flávio Bolsonaro's campaign, stated this Wednesday (14), in an interview with Estúdio i, from GloboNews, that the technical area of ​​the Superior Electoral Court (TSE) did not identify false content on the "Lula's Army" channel, managed by federal deputy André Janones, because part of the messages had been deleted.

According to Buchianeri, Janones deleted 499 of the 1,372 messages published on the channel, equivalent to more than a third of the content. The lawyer stated that the deleted publications had been forwarded 116 thousand times before deletion.

"Actually, the technical area didn't say there wasn't [fake news]. They said they didn't identify it. She said she didn't find it. And she didn't find it for a very simple reason: Janones deleted a third of the messages he posted in that group," he declared.

In an interview with Estúdio i, shortly after the lawyer spoke, Janones denied having posted fake news on the channel and said he will sue the lawyer for slander.

Rep. André Janones (REDE - MG) — Photo: Mario Agra / Chamber of Deputies

Buchianeri said that Flávio Bolsonaro's campaign asked that the electoral judicial investigation action (Aije) against the channel be initially processed under secrecy, to allow the preservation of the messages before those responsible were notified.

According to the lawyer, the intention was for the Court to order Meta to preserve all material published on the channel. The request, however, was not accepted.

"The internal affairs minister did not order the conservation of the material and removed the confidentiality. So, when it ended up in the technical unit, it surprised absolutely no one that it was not found", he stated.

Real-time monitoring

The lawyer stated that Flávio Bolsonaro's team installed a program to record the channel's publications in real time, including content later deleted, and said that the material has already been presented to the TSE.

"We are mirroring Janones' channel in real time. We have the vast majority of messages that he deleted," he said.

Asked about examples of alleged fake news, the lawyer cited publications that would accuse ministers of receiving bribes and content related to Brazil's patron saint.

Buchianeri also accused Janones of instructing channel members to share messages quickly, before they were deleted, and to adopt strategies to avoid platform control mechanisms.

The lawyer also stated that the deputy instructed participants to copy and paste content, instead of forwarding it directly, and to share videos without watching them, as a way of increasing engagement.

The TSE's technical analysis, however, did not identify content identified as irregular.

Deleting prohibited messages

During the interview, Buchianeri stated that Flávio Bolsonaro's campaign can agree to the reestablishment of "Lula's Army", without the need to wait 48 hours after the channel's registration with the TSE, given the measures determined by the Electoral Court.

According to the lawyer, the measures include monitoring the channel and prohibiting deleting new publications, at risk of the space being taken down.

"Agent can agree to the reestablishment of Lula's Army, without having to comply with the 48-hour grace period, because now, yes, the channel is on track," he stated.

Buchianeri also criticized what he considers a flaw in the TSE's regulation on the use of messaging applications during elections. For her, the restrictions imposed on WhatsApp groups have not kept up with the emergence of channels, which allow reaching larger audiences.