Office of the Chief Prosecutor of Brazil says that company representatives should be heard in the investigation

04/10/2024

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Alexandre de Moraes — Foto: Rosinei Coutinho/SCO/STF

Justice Alexandre de Moraes of the Federal Supreme Court denied a request from representatives of platform X in Brazil (formerly Twitter), stating that they should be held accountable for the actions of the company, which is based in the United States, including any criminal liabilities.

On Sunday, the justice ordered the opening of an inquiry to investigate Elon Musk, the platform’s owner, following his threats to defy court orders mandating the blocking of profiles on the social network. The justice also implicated the billionaire in the investigation of digital militias.

In a statement to the court, the federal attorney general, Paulo Gonet, argued that the legal representatives of the platform in Brazil should be included in the investigations. The Federal Police have yet to schedule the testimonies. According to the Office of the Chief Prosecutor, the hearings are necessary to ascertain whether the company has unblocked any profiles suspended by court order and to identify who was responsible for such actions.

In a request submitted to the Federal Supreme Court, company X Brasil claimed it had no involvement in the “management, operation, and administration” of the platform, asserting that its activities were confined to the “commercialization, monetization, and promotion” of the former Twitter in the country. The statement clarified that any new court orders concerning the platform should be directed to the company abroad, not to its national representatives.

In his decision, Justice Moraes stated that the company was attempting to shirk responsibility concerning the orders issued by the Supreme Court. “X Brazil is seeking to exempt itself from responsibility regarding the compliance with orders issued by Brazil’s highest court of justice, under the pretense that the decision-making power lies with the international corporations that established the platform,” he remarked.

He further noted that the claim “displays a certain cynicism” and “verges on bad faith litigation.” “The activities of X Brasil, as delineated in the Articles of Association, disclose its clear civil and criminal liability in connection with the platform ‘X.’ Consequently, any obstruction of justice or noncompliance with a court order will fall upon the directors of the said company,” he added.

The justice also highlighted that the request presented to the Court is noteworthy because the company’s argument emerges “after years during which the company has complied with judicial directives and participated in numerous meetings, both at the Supreme Court and at the Superior Electoral Court, concerning the misuse of social media in the electoral process.”

Justice Moraes also contended that the company “is seeking a de facto jurisdictional immunity clause,” for which there is no basis in the national legal framework. “On the contrary, the inclusion of one of the so-called international operators in its corporate structure indicates an exploitation of legal identity, as it could opt not to adhere to the orders of Brazilian courts without facing any repercussions, shielded by its representative in Brazil.”

On Saturday, Mr. Musk took to social media to launch direct attacks against Justice Moraes. As the chairman of the Superior Electoral Court, the justice had played a key role in intensifying regulations on platforms to curb the dissemination of “fake news” during the election period.

The billionaire started the day by responding to a January post from the justice, questioning “why so much censorship.” In the afternoon, the businessman continued to post messages suggesting that freedom of speech was under threat in Brazil.

Mr. Musk’s remarks elicited criticism from authorities. On Tuesday, Justice Cármen Lúcia, vice-chairwoman of the Superior Electoral Court, supported Justice Moraes’ position, stating that all natural and legal persons are bound by the country’s legal system and must adhere to judicial rulings.

“Regardless of their origin, race, gender, creed, or economic status, all individuals and entities are subject to the laws of the country and must obey judicial decisions,” she stated.

She also mentioned that “judicial decisions can be appealed against, criticized, or questioned, but they must not be disregarded.”

The justice, who is set to preside over the Superior Electoral Court during this year’s municipal elections, further emphasized that “judges in Brazil are there to ensure the authority of the ruling and its enforcement.”

“Without an independent judiciary to enforce its rulings, there’s no assurance of the rule of law. Without the safeguard of the Democratic Rule of Law, the security of democracy is compromised. Without democracy, there is no freedom, and without freedom, there is no dignity,” she declared.

Lula

President Lula seized the opportunity during the launch of a program aimed at reducing deforestation in the Amazon to address “billionaires” seeking habitable conditions beyond Earth. This statement came amidst the ongoing criticisms by businessman Elon Musk, owner of the platform X, directed at Supreme Court Justice Alexandre de Moraes.

While President Lula did not directly mention Mr. Musk, he suggested that billionaires could better utilize their wealth by preserving forests and enhancing people’s lives.

“Some billionaires are attempting to build rockets for travel, aren’t they? They must realize the importance of living on our planet and dedicate a significant portion of their wealth to preserving the environment and enhancing the quality of life for people,” President Lula remarked during the Planalto Palace event for the Union with Municipalities for Reducing Deforestation program.

Although the president refrained from naming the entrepreneur explicitly, his reference was unmistakable. Mr. Musk, who owns the X platform, is also recognized for his ventures into the space industry, investing substantial sums in rocket launches, which is precisely the activity President Lula highlighted in his speech on Tuesday.

*Por Isadora Peron — Brasília

Source: Valor International

https://valorinternational.globo.com/