4/7/24 - DECISION AGAINST X IN BRAZIL
The activities carried out on the internet are regulated in Brazil, in particular, by Law 12.965/14 ("Marco Civil da Internet"), emphasizing that such activities are also subject to the principle of judicial availability (art. 5, XXXV, CF), as expressly provided in various provisions of said law, for example: for the purposes of breaking data or communication secrecy (art. 7, II and III, and art. 10), to make unavailable the illicit content generated by third parties (arts. 19 and 20), and to obtain evidence in judicial proceedings (art. 22).
Therefore, the Brazilian legal system requires that companies managing internet services in Brazil comply with all judicial orders and decisions, including those that determine the provision of personal data or other information that may contribute to the identification of the user or the terminal, or that determine the cessation of illicit activities, with blocking of profiles.
Social network providers and private messaging services should not have more, nor less responsibility than other means of media, communication, and advertising, especially when they direct or monetize the data, information, and news conveyed on their platforms, earning revenue.
SOCIAL NETWORKS ARE NOT LAWLESS LANDS!
SOCIAL NETWORKS ARE NOT NO MAN'S LAND!
Social network providers and private messaging services must show absolute respect for the Federal Constitution, the Law, and the Brazilian Jurisdiction.
The dignity of the human person, the protection of the lives of children and adolescents, and the maintenance of the Democratic Rule of Law are above the financial interests of social network providers and private messaging services.
In this sense, as emphasized in the decision of May 2, 2023, in the case files of Inquiry 4.781/DF, the real, evident, and dangerous CRIMINAL INSTRUMENTALIZATION of social network providers and private messaging services for the broad practice of criminal activities on social networks, including those that threaten the Brazilian democratic regime, could constitute civil and administrative responsibility of the companies, in addition to the criminal liability of their administrators for incitement and criminal participation in the investigated conduct, both in Inquiries 4.781 and 4.874.
The repetition of this CRIMINAL INSTRUMENTALIZATION of social network providers and private messaging services, in the same way, began to be investigated in INQ 4920, related to the FINANCIERS of anti-democratic acts, who provided material/financial contribution to the coup attempt; INQ 4921, related to the PARTICIPANTS BY INSTIGATION, who in some way encouraged the practice of these regrettable acts; INQ 4922, related to the INTELLECTUAL AUTHORS AND MATERIAL EXECUTORS, who entered a prohibited area and committed acts of vandalism and destruction of public property; and INQ 4923, related to STATE AUTHORITIES RESPONSIBLE FOR IMPROPER OMISSION.
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The activities carried out on the internet are regulated in Brazil, in particular, by Law 12.965/14 ("Marco Civil da Internet"), emphasizing that such activities are also subject to the principle of judicial availability (art. 5, XXXV, CF), as expressly provided in various provisions of said law, for example: for the purposes of breaking data or communication secrecy (art. 7, II and III, and art. 10), to make unavailable the illicit content generated by third parties (arts. 19 and 20), and to obtain evidence in judicial proceedings (art. 22).
Therefore, the Brazilian legal system requires that companies managing internet services in Brazil comply with all judicial orders and decisions, including those that determine the provision of personal data or other information that may contribute to the identification of the user or the terminal, or that determine the cessation of illicit activities, with blocking of profiles.
Social network providers and private messaging services should not have more, nor less responsibility than other means of media, communication, and advertising, especially when they direct or monetize the data, information, and news conveyed on their platforms, earning revenue.
SOCIAL NETWORKS ARE NOT LAWLESS LANDS!
SOCIAL NETWORKS ARE NOT NO MAN'S LAND!
Social network providers and private messaging services must show absolute respect for the Federal Constitution, the Law, and the Brazilian Jurisdiction.
The dignity of the human person, the protection of the lives of children and adolescents, and the maintenance of the Democratic Rule of Law are above the financial interests of social network providers and private messaging services.
In this sense, as emphasized in the decision of May 2, 2023, in the case files of Inquiry 4.781/DF, the real, evident, and dangerous CRIMINAL INSTRUMENTALIZATION of social network providers and private messaging services for the broad practice of criminal activities on social networks, including those that threaten the Brazilian democratic regime, could constitute civil and administrative responsibility of the companies, in addition to the criminal liability of their administrators for incitement and criminal participation in the investigated conduct, both in Inquiries 4.781 and 4.874.
The repetition of this CRIMINAL INSTRUMENTALIZATION of social network providers and private messaging services, in the same way, began to be investigated in INQ 4920, related to the FINANCIERS of anti-democratic acts, who provided material/financial contribution to the coup attempt; INQ 4921, related to the PARTICIPANTS BY INSTIGATION, who in some way encouraged the practice of these regrettable acts; INQ 4922, related to the INTELLECTUAL AUTHORS AND MATERIAL EXECUTORS, who entered a prohibited area and committed acts of vandalism and destruction of public property; and INQ 4923, related to STATE AUTHORITIES RESPONSIBLE FOR IMPROPER OMISSION.
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As a result of the investigation conducted by the Federal Police in the case files of Inquiry 4923 (STATE AUTHORITIES RESPONSIBLE FOR IMPROPER OMISSION), the Federal Police submitted – PET 12100 –, with a favorable opinion from the Office of the Attorney General of the Republic, for various inquiries, specifically, regarding the facts related to the activity axis "attempted Coup d'État and the violent Abolition of the Democratic Rule of Law", with "operation of nuclei whose developments were aimed at spreading the narrative of the occurrence of fraud in the presidential elections, even before the elections were held, in order to enable and, possibly, legitimize an intervention by the Armed Forces, with a violent abolition of the Democratic Rule of Law, in a dynamic of a true digital militia, similar to the procedure already adopted by the self-named GDO (hate office), investigated in INQ 4781".
All the inquiries carried out in PET 12100 reinforced the initial evidence that, consistently, indicated the connection between INQs 4781 and 4.874, known by the media as the “fake news inquiry” and the “digital militias inquiry” and the new investigations carried out from the initiation of the inquiries related to January 8, 2023, especially INQs 4923, 4933, and PET 12100.
I also emphasize that it is unacceptable for any of the representatives of social network providers and private messaging services, especially the former TWITTER now called "X", to be unaware of the CRIMINAL INSTRUMENTALIZATION that has been carried out by the so-called digital militias in the dissemination, propagation, organization, and expansion of numerous illicit practices on social networks, especially in the very serious attack on the Democratic Rule of Law and the attempt to destroy the SUPREME FEDERAL COURT, National Congress, and the Presidential Palace, that is, the very Brazilian Republic, especially because, after the coup attempt of January 8, 2023, in an absolutely public and transparent manner, a meeting chaired by this Reporter, in the capacity of President of the SUPERIOR ELECTORAL COURT, was held on March 1, at the TSE, with the presence of GOOGLE, YOUTUBE, former TWITTER and now X, FACEBOOK BRASIL, KWAI, TIK TOK, TWITCH, and TELEGRAM MESSENGER, discussing the real danger of this CRIMINAL INSTRUMENTALIZATION – and its use for the crimes committed – by the providers of social networks and private messaging services and the need for the establishment of a working group to present proposals for self-regulation and legislative regulation, in order to prevent, in constitutional and legal terms, the continuance of repeated illicit conduct in a permanent manner on various platforms, through incitement to crime, discriminatory content, hate speech, speech attacking the Judiciary, and conduct against the integrity of elections and the Democratic Rule of Law.
Subsequently, with the establishment of the Working Group by TSE Ordinance 173, in March 2023, the companies, including the former TWITTER and now X, participated in another 5 (five) meetings at the SUPERIOR ELECTORAL COURT on the dates of 03/06/2023, 03/14/2023, 03/21/2023, 03/29/2023, and 04/04/2023, always in a public and transparent manner. Again, in the current year of 2024, social network providers and private messaging services were invited to collaborate with the CIEDDE (Integrated Center for the fight against disinformation and the defense of Democracy), with their legal representatives, including those of the former TWITTER and now “X”, participating in various meetings with the Secretary-General and the Director-General of the SUPERIOR ELECTORAL COURT. This evident connection, in particular, points to the permanent and habitual CRIMINAL INSTRUMENTALIZATION of social network providers and private messaging services, for the commission of numerous and very serious criminal offenses, whose indications of intentional conduct, however, have not been present until now.
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All the inquiries carried out in PET 12100 reinforced the initial evidence that, consistently, indicated the connection between INQs 4781 and 4.874, known by the media as the “fake news inquiry” and the “digital militias inquiry” and the new investigations carried out from the initiation of the inquiries related to January 8, 2023, especially INQs 4923, 4933, and PET 12100.
I also emphasize that it is unacceptable for any of the representatives of social network providers and private messaging services, especially the former TWITTER now called "X", to be unaware of the CRIMINAL INSTRUMENTALIZATION that has been carried out by the so-called digital militias in the dissemination, propagation, organization, and expansion of numerous illicit practices on social networks, especially in the very serious attack on the Democratic Rule of Law and the attempt to destroy the SUPREME FEDERAL COURT, National Congress, and the Presidential Palace, that is, the very Brazilian Republic, especially because, after the coup attempt of January 8, 2023, in an absolutely public and transparent manner, a meeting chaired by this Reporter, in the capacity of President of the SUPERIOR ELECTORAL COURT, was held on March 1, at the TSE, with the presence of GOOGLE, YOUTUBE, former TWITTER and now X, FACEBOOK BRASIL, KWAI, TIK TOK, TWITCH, and TELEGRAM MESSENGER, discussing the real danger of this CRIMINAL INSTRUMENTALIZATION – and its use for the crimes committed – by the providers of social networks and private messaging services and the need for the establishment of a working group to present proposals for self-regulation and legislative regulation, in order to prevent, in constitutional and legal terms, the continuance of repeated illicit conduct in a permanent manner on various platforms, through incitement to crime, discriminatory content, hate speech, speech attacking the Judiciary, and conduct against the integrity of elections and the Democratic Rule of Law.
Subsequently, with the establishment of the Working Group by TSE Ordinance 173, in March 2023, the companies, including the former TWITTER and now X, participated in another 5 (five) meetings at the SUPERIOR ELECTORAL COURT on the dates of 03/06/2023, 03/14/2023, 03/21/2023, 03/29/2023, and 04/04/2023, always in a public and transparent manner. Again, in the current year of 2024, social network providers and private messaging services were invited to collaborate with the CIEDDE (Integrated Center for the fight against disinformation and the defense of Democracy), with their legal representatives, including those of the former TWITTER and now “X”, participating in various meetings with the Secretary-General and the Director-General of the SUPERIOR ELECTORAL COURT. This evident connection, in particular, points to the permanent and habitual CRIMINAL INSTRUMENTALIZATION of social network providers and private messaging services, for the commission of numerous and very serious criminal offenses, whose indications of intentional conduct, however, have not been present until now.
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It happened that, on April 6, 2024, the owner and CEO (Chief Executive Officer) of the social network provider “X” - formerly “Twitter” -, ELON MUSK, started a misinformation campaign about the actions of the SUPREME FEDERAL COURT and the SUPERIOR ELECTORAL COURT, which was reiterated on April 7, 2024, instigating disobedience and obstruction of Justice, including in relation to criminal organizations (art. 359 of the Penal Code and art. 2, § 1, of Law 12.850/13), also declaring that the platform will terminate compliance with orders issued by the Brazilian Justice related to the blocking of criminal profiles and those that spread fraudulent news, under investigation by this SUPREME COURT. In this case, therefore, the use of ILLEGAL mechanisms by “X” is characterized; as well as the presence of strong indications of INTENT BY THE CEO OF THE SOCIAL NETWORK “X”, ELON MUSK, IN THE CRIMINAL INSTRUMENTALIZATION previously pointed out and investigated in various inquiries.
The conduct of “X” constitutes, in theory, not only an abuse of economic power by attempting to impact public opinion ILLEGALLY but also a clear inducement and instigation to maintain various criminal behaviors practiced by the digital militias investigated in INQ 4.874, with increased risks to the security of the members of the SUPREME FEDERAL COURT – as can be easily seen from the various hate-filled messages made in support of those posted by ELON MUSK – and of the very Democratic Rule of Law, whose protection is the priority reason for the initiation of the aforementioned INQ. 4.781; in addition to obstructing Justice in criminal organizations investigated in INQs 4923, 4933, and PET 12100, and a clear attack on the Brazilian Judiciary. The blatant conduct of obstructing Brazilian Justice, the incitement to crime, the public threat of disobedience to judicial orders, and the future lack of cooperation from the platform are facts that disrespect the sovereignty of Brazil and reinforce the connection of the INTENTIONAL CRIMINAL INSTRUMENTALIZATION of the activities of the former TWITTER now “X”, with the illicit practices investigated by the various inquiries previously mentioned, and should be the subject of investigation by the Federal Police.
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The conduct of “X” constitutes, in theory, not only an abuse of economic power by attempting to impact public opinion ILLEGALLY but also a clear inducement and instigation to maintain various criminal behaviors practiced by the digital militias investigated in INQ 4.874, with increased risks to the security of the members of the SUPREME FEDERAL COURT – as can be easily seen from the various hate-filled messages made in support of those posted by ELON MUSK – and of the very Democratic Rule of Law, whose protection is the priority reason for the initiation of the aforementioned INQ. 4.781; in addition to obstructing Justice in criminal organizations investigated in INQs 4923, 4933, and PET 12100, and a clear attack on the Brazilian Judiciary. The blatant conduct of obstructing Brazilian Justice, the incitement to crime, the public threat of disobedience to judicial orders, and the future lack of cooperation from the platform are facts that disrespect the sovereignty of Brazil and reinforce the connection of the INTENTIONAL CRIMINAL INSTRUMENTALIZATION of the activities of the former TWITTER now “X”, with the illicit practices investigated by the various inquiries previously mentioned, and should be the subject of investigation by the Federal Police.
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Given the exposition,
I ORDER:
THE INCLUSION OF ELON MUSK, owner and CEO (Chief Executive Officer) of the social network provider “X” - formerly “Twitter”, due to the position he holds, as investigated in INQ. 4874, for, theoretically, the INTENTIONAL CRIMINAL INSTRUMENTALIZATION of the social network provider “X” - formerly “Twitter”, in connection with the facts investigated in INQ 4781, 4923, 4933, and PET 12100;
THE INITIATION OF AN INQUIRY, by prevention to INQs 4923, 4933, 4781, 4874, and PET 12100, to investigate the behaviors of ELON MUSK, owner and CEO (Chief Executive Officer) of the social network provider “X” - formerly “Twitter”, in relation to the crimes of obstruction of Justice, including in a criminal organization (art. 359 of the Penal Code and art. 2, § 1, of Law 12.850/13) and incitement to crime (art. 286 of the Penal Code).
I FURTHER ORDER that:
The social network provider “X” ABSTAIN FROM DISOBEYING ANY JUDICIAL ORDER ALREADY ISSUED, INCLUDING ANY REACTIVATION OF A PROFILE WHOSE BLOCKING WAS ORDERED BY THIS SUPREME COURT OR BY THE SUPERIOR ELECTORAL COURT, under penalty of a DAILY FINE OF R$ 100,000.00 (one hundred thousand reais) PER PROFILE and responsibility for disobedience to the judicial order of the legal representatives of the company in Brazil.
NOTIFY, immediately, the representatives of the company “X” (Twitter), including by electronic means.
Inform the Office of the Attorney General of the Republic. Notify the Federal Police.
To be executed.
Brasília, April 7, 2024.
Minister @alexandre
I ORDER:
THE INCLUSION OF ELON MUSK, owner and CEO (Chief Executive Officer) of the social network provider “X” - formerly “Twitter”, due to the position he holds, as investigated in INQ. 4874, for, theoretically, the INTENTIONAL CRIMINAL INSTRUMENTALIZATION of the social network provider “X” - formerly “Twitter”, in connection with the facts investigated in INQ 4781, 4923, 4933, and PET 12100;
THE INITIATION OF AN INQUIRY, by prevention to INQs 4923, 4933, 4781, 4874, and PET 12100, to investigate the behaviors of ELON MUSK, owner and CEO (Chief Executive Officer) of the social network provider “X” - formerly “Twitter”, in relation to the crimes of obstruction of Justice, including in a criminal organization (art. 359 of the Penal Code and art. 2, § 1, of Law 12.850/13) and incitement to crime (art. 286 of the Penal Code).
I FURTHER ORDER that:
The social network provider “X” ABSTAIN FROM DISOBEYING ANY JUDICIAL ORDER ALREADY ISSUED, INCLUDING ANY REACTIVATION OF A PROFILE WHOSE BLOCKING WAS ORDERED BY THIS SUPREME COURT OR BY THE SUPERIOR ELECTORAL COURT, under penalty of a DAILY FINE OF R$ 100,000.00 (one hundred thousand reais) PER PROFILE and responsibility for disobedience to the judicial order of the legal representatives of the company in Brazil.
NOTIFY, immediately, the representatives of the company “X” (Twitter), including by electronic means.
Inform the Office of the Attorney General of the Republic. Notify the Federal Police.
To be executed.
Brasília, April 7, 2024.
Minister @alexandre
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