The leader of Chega and former presidential candidate cited several reasons in his appeal against the December decision, including the "right to freedom of political expression." Still, the panel of judges at the Court of Appeal considered that the exercise of this right "must be harmonised with other rights and interests of superior or equal dignity," such as "the dignity of the human person," which was affected.

The initial action was brought by six plaintiffs who filed a civil complaint because they felt personally affected by the posters against the Roma community, and the appeal decision came a day after the Ministério Público announced the dismissal of the complaints requesting criminal action against the posters.