Supreme Federal Court (STF) Justice Alexandre de Moraes determined this Tuesday (28) that former president Jair Bolsonaro's defense must clarify, within 48 hours, whether there was authorization for the use of his image and voice in a video produced by artificial intelligence. The audiovisual piece was displayed during the Liberal Party (PL) National Convention, which took place last Saturday (25).
The digital content simulated a statement by Bolsonaro in support of the pre-candidacy of his son, Senator Flávio Bolsonaro, for the Presidency of the Republic. The magistrate seeks to understand if the production of the material had the former president's consent or if there was an improper use of his identity.
The investigation is crucial to verify if there was a breach of the restrictions imposed on Bolsonaro, who is serving humanitarian house arrest. The former president has his political rights suspended following a final conviction for attempted coup d'état and is prohibited from making political-electoral statements, including through third parties.
If the defense confirms that there was no authorization, Moraes points out that the conduct may constitute the use of 'deep fake', a practice prohibited by Brazilian electoral legislation. The use of synthetic content to artificially associate a person's image with a political cause without consent is a serious infraction.
The decision also provides for possible sanctions for Senator Flávio Bolsonaro and the PL. If it is proven that the video was produced without the former president's endorsement, the conduct could result in ineligibility for the senator and the party involved.
If the violation of judicial orders is confirmed, Bolsonaro could have his house arrest benefit revoked by the Supreme Federal Court.
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