06/26/2024 – 21:20
Minister Alexandre de Moraes, of the Federal Supreme Court, accepted a request from the Attorney General’s Office and annulled a sentence from the Federal Court of Paraná that pointed out a “procedural error” of his own making. The now overturned decision ordered the Union to compensate former state deputy Homero Marchese (Novo) with R$20,000 for “delay in unblocking” the parliamentarian’s Instagram account.
Moraes’ assessment is that the decision by judge José Jácomo Gimenes, of the 1st Federal Court of Maringá, challenged the competence of the STF and the “manner of conduct” of the fake news investigation. “It is unthinkable to say that a decision handed down in a Special Court could judge the manner of conduct and the legitimacy of judicial acts taken in a process currently being processed in this Federal Supreme Court”, stated the minister.
Moraes ordered the action for compensation for moral damages filed by Marchese to be buried and also ordered the case to be sent to the national inspector of justice, minister Luís Felipe Salomão, for the adoption of “appropriate measures” in relation to judge José Jácomo Gimenes.
The sentence questioned by the AGU and now overturned by Moraes was signed in May, as the Estadão reported, under the argument of a “procedural error” by Minister Alexandre de Moraes.
Marchese’s social media profiles were blocked by Moraes in November 2022. A month later, the minister released the then congressman’s accounts on X and Facebook, but did not mention Instagram. The former congressman’s Instagram account was only unblocked in May 2023, almost six months after Moraes’ order.
The federal judge of Maringá understood that there was an error as Moraes’ decision did not include an express determination to unblock Instagram. He also saw an “excessive” delay in “complementing the omitted decision”, as Marchese’s defense “immediately” questioned the fact that the then deputy’s Instagram had not been unblocked.
The deputy attorney general of the Union Flávio José Roman, number two at the body, then called the Supreme Court under the argument that “criticisms and disagreements” in first-degree judicial decisions “directly interfere” in the conduct of the fake news investigation, “challenging the powers” of the STF.
The case was forwarded as a “prevention” to Moraes’ office, at the request of the AGU, due to the fake news investigation. It was during the investigation that the former deputy had his profiles blocked, due to having publicized the participation of members of the STF in an event in the United States with the comment: “Unmissable opportunity”.
Roman maintained that only within the scope of the investigation could the supposed “illegality” of the decision that blocked Marchese’s networks, as well as the corresponding compensation claim, have been assessed. He alleged the risk of the decision having a “multiplier effect, as it signals a model of conduct for judges of demands of the same content”.
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