STF: read ministers’ votes on the ban on X

The 1st Panel of the STF (Supreme Federal Court) unanimously ratified, this Monday (September 2, 2024), the decision of Minister Alexandre de Moraes to suspend X (formerly Twitter) in the country. With the end of the trial, the blocking of the network remains in place in Brazil.

Moraes, who is the rapporteur of the case, was the first to vote. Here is the full of the vote (PDF – 294 kB). He was accompanied by the other 4 ministers that make up the Panel: Cristiano Zanin, Flávio Dino, Cármen Lúcia and Luiz Fux.

Read the vote of all ministers below:

• Flavio Dino (full– PDF – 139 kB)

The minister was the 2nd to vote, following Moraes. He criticized X, and said that the social network, for failing to comply with court decisions, “seems to consider himself above the rule of law”.

Dino also made reference to billionaire Elon Musk, owner of X, when he said that the “the size of the bank account does not give rise to a bizarre immunity from jurisdiction”.

• Cristiano Zanin (full – PDF – 103 kB)

Zanin says that the “reiterated” failure to comply with STF decisions is “extremely serious” for any citizen or company, as Musk’s X did when he refused to indicate a legal representative for the platform in Brazil.

“No one can intend to develop their activities in Brazil without observing the laws and the Federal Constitution”said the minister.

• Carmen Lucia (full – PDF – 129 kB)

The minister, in her vote, stated that Brazil guarantees that national and foreign companies can operate in the country, as long as the rules and laws established for such operation are respected.

“The judicial measure adopted is serious, grave and necessary, as demonstrated in the decision and in the vote of the Rapporteur Minister. Neither the judge should judge voluntarily, nor can an individual consider himself, by his own will, more sovereign than the sovereignty of a people, which is made and constructed according to the Law that it creates, imposes and complies with”, declared.

In a concise vote, Fux joined Moraes’ current and voted in favor of the referendum on the decision that suspended the X. However, presented reservations regarding the R$50,000 fine for anyone using the social network during the block via VPN.

According to Fux, the fine should only be applied to those who use subterfuge to make publications prohibited by the Constitution, such as statements that reveal racism, fascism, Nazism, obstruct criminal investigations or incite crimes in general.

Furthermore, Fux says that, as this is a provisional decision, he reserves “the right to re-examine the issue when assessing its merits”. In other words, it opens up the possibility of eventually changing your mind about casting your vote.

The topic was being judged in the virtual plenary session of the 1st Chamber of the Supreme Courtchaired by Moraes. In this modality, there is no debate between the ministers, who only cast their votes on the STF’s virtual platform.

On Friday (August 30), Moraes ordered X to be taken offline in Brazil. The decision was made individually. On Sunday (September 1), the judge sent his decision to be ratified by the 1st Chamber.

X SUSPENSION

The suspension of the social network in Brazil is yet another chapter in the long-running dispute between Moraes and billionaire Elon Musk, owner of the platform, which has been dragging on for months. On August 17, X closed its office in the country and laid off all local employees.

Then, on Wednesday (August 28), Moraes ordered Musk to appoint a legal representative in Brazil under penalty of taking X offline. The billionaire did not comply with the order, and Moraes ordered the suspension of the platform.