MercoPress. South Atlantic News Agency

Brazil: Busy day for Justice De Moraes

De Moraes issued rulings involving X, Rumble, and Bolsonaro

Brazil's Supreme Federal Court (STF) Justice
Alexandre De Moraes had a busy day Thursday, issuing key rulings concerning social platforms X and Rumble - both involving blogger Allan dos Santos' accounts - and former President Jair Bolsonaro.

The magistrate ordered Elon Musk's X (formerly Twitter) to pay an R$ 8.1 million fine for failing to remove dos Santos' profile and not providing tracking information. The company appealed the decision, but the appeals were rejected. De Moraes has indicated the bank account for the deposit of the fine applied against the company in October last year.

”The company X Brasil Internet LTDA, through its regularly constituted lawyers, is requested to make the immediate full payment of the fine imposed by reason of the breach of the judicial decisions, in the amount of R$ 8,100,000.00 (US$ 1.42 million),“ De Moraes wrote in his decision, which was issued at a time when a media group owned by US President Donald Trump is filing censorship charges against him in the United States.

He also mandated that Rumble must appoint a legal representative in Brazil within 48 hours or face suspension and fines. This decision follows the resignation of Rumble's attorneys and the lack of new representatives. The judge stressed the need for compliance with Brazilian judicial decisions regarding the removal of illegal content.

”The Brazilian legal system foresees, therefore, the need for companies that manage internet services in Brazil to have their headquarters in the national territory, as well as to comply with the judicial decisions that determine the removal of illegal content generated by third parties, under the terms of the aforementioned provisions, under penalty of personal liability,“ De Moraes decided.

”The channels/perfis of the investigated Allan Lopes dos Santos in social networks are used as real protective shields for the practice of illicit activities, conferring to the investigated a real clause of criminal indemnity for the maintenance of the commission of the crimes already indicated by the Federal Police, not demonstrating the investigated any restriction in propagating his criminal speeches,“ he added.

And last but not least, he denied former president Jair Bolsonaro's request for 83 days to present his defense in the coup plot investigation. The rightwing leader's legal team argued that the extensive documentation required more than the legally provided 15 days, but those claims were deemed unsubstantiated. Hence, the defense must abide by the stipulated timeframe.

Bolsonaro's lawyers came up with 83 days to match the time the Attorney General's Office had to pen out the case against their client.

”The alternative requests formulated for the granting of 83 days of time or double time [30 days] lack any legal provision, since the legislation provides for a 15-day period, under the terms of article 4 of Law 8.038/90 and article 233 of the Internal Rules of the Federal Supreme Court,” De Moraes' rationale went.

(Source: Agencia Brasil)