Brazil's TSE Faces Regulatory Challenges with AI Surge in 2026 Elections

As Brazil gears up for its 2026 elections, artificial intelligence (AI) is becoming a central tool in political campaigns, raising new regulatory and ethical challenges for the Superior Electoral Court (TSE). Political parties are increasingly using AI to generate vast amounts of personalized content rapidly, enabling innovative messaging strategies while fueling concerns about misinformation and manipulation.

Political campaigns across the spectrum are employing AI for content creation, public opinion monitoring, and targeted messaging. For example, the Workers’ Party (PT) has utilized AI-driven content to emphasize socioeconomic divides, prompting competitive responses from other parties, including AI-generated videos from the right wing. Experts indicate that AI has democratized access to sophisticated campaign tools; however, this raises risks related to the integrity of electoral communication.

The TSE is confronting the challenge of regulating these new AI applications. During its recent sessions, the court proposed maintaining current restrictions, including the outright ban on deepfakes and manipulated content that spread false or severely out-of-context information. Additionally, transparency measures require campaigns to disclose the use of AI in their materials. While the TSE introduced labeling requirements and deepfake prohibitions during the 2024 municipal elections, experts stress the need for stronger sanctions amid the anticipated increase in AI-driven disinformation.

Public consultations and hearings planned for February seek to refine electoral advertising rules in light of AI’s growing role. Legal experts like Alberto Rollo and Fernando Neisser emphasize the importance of ongoing dialogue between the TSE and digital platforms to effectively regulate AI-generated political content. They highlight concerns about the speed at which disinformation can spread unchecked, challenging the court's capacity to respond swiftly.

Political parties have expressed varying approaches to AI use. The Progressive Party (PP) lacks formal AI guidelines but calls for transparency and responsibility. The Union Brazil party is developing AI strategies focused on technical support, while the MDB commits to ethical and legal compliance. The PT views AI as a creative asset but denounces its use for deceptive practices by others.

The 2026 elections thus mark a critical test for the TSE’s ability to balance technological innovation in campaigns with safeguarding electoral integrity amid the mass adoption of AI tools.