09/03/2024 – 20:55
The social network X (formerly Twitter), controlled by billionaire Elon Musk, released this Tuesday, the 3rd, a new confidential decision by Minister Alexandre de Moraes, of the Federal Supreme Court (STF), with orders to remove profiles. The platform accused the judge of violating users’ freedom of expression and complained about not having access to the full legal basis that supported the orders. However, unlike what X leads one to believe, the network is not required to have access to Moraes’ arguments to block accounts.
“The determination forwarded was not accompanied by a reasoned court decision. This circumstance violates art. 5, LV, of the Federal Constitution, which guarantees those under its jurisdiction due legal process and, consequently, the right to appeal. Therefore, X does not even know the reason why the accounts were blocked, greatly harming the right to appeal,” stated the social network X through the profile Alexandre Files, created to disclose confidential decisions by Moraes after the decision to block access to the social network in the country.
X is not listed as a “jurisdictional entity” in the minister’s decisions, that is, it is not a party to the process. In the cases disclosed by the social network this Tuesday, those affected by Moraes’ decision are federal deputy Nikolas Ferreira (PL-MG), senator Alan Rick (União Brasil-AC), influencer Monark and other pro-Bolsonaro personalities. Only people who had their networks removed by court order have access to the minister’s arguments for removing them. The social network is only notified and receives the list of accounts that must be blocked, as stated in the order disclosed by X.
Musk and X’s official channels had already used the argument that Moraes prevents them from accessing the legal basis for decisions during the so-called ‘Twitter Files’, when the United States House Judiciary Committee released dozens of orders from the STF and the Super Electoral Court (TST) – sent to X – to remove profiles and content.
In the post made this Tuesday, X also accuses Moraes of violating the parliamentary forum, which guarantees senators and deputies immunity for opinions expressed, because of the decisions against Nikolas and Alan Rick. Musk’s social network also alleged that the STF minister violated “informational self-determination”, that is, the “right that individuals have to control and protect their own personal data”. “By ordering the blocking of accounts, the minister deprived their holders of the right to control and even access a series of personal data”, he argued.
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