08/31/2024 – 7:38
The Brazilian Bar Association (OAB) announced this Friday, the 30th, that it will demand clarification from Minister Alexandre de Moraes, of the Federal Supreme Court (STF), about the daily fine of R$50 thousand that he imposes in advance on users who try to access the social network X (formerly Twitter) after the social network is suspended in Brazil. These users may also be held civilly and criminally liable, according to the decision that ordered the suspension of the platform.
The president of the OAB, Beto Simonetti, states that the application of a fine or any sanction can only occur if there is a process and opportunity for defense.
“No businessman or company is above the law in Brazil. Therefore, we defend the independence and autonomy of the Judiciary to issue decisions and adopt the necessary measures to curb any excess. It is necessary, however, that the measures occur within constitutional and legal limits, ensuring individual freedoms”, he states.
Fines are not automatic. The OAB wants to understand how the penalty will work in practice.
Initially, to prevent the embargo from being violated, Moraes ordered Apple and Google to impose “technological obstacles capable of making access to X unfeasible” and to remove the application from their virtual stores. A similar order was issued to internet service providers. Hours later, the minister backed down and said he would await X’s own position, after being notified, thus avoiding, at this first stage, “possible unnecessary and reversible inconveniences to third-party companies.”
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