OX (formerly Twitter) indicated to the Federal Supreme Court (STF) that it hired two Brazilian lawyers to respond procedurally for the platform in the country: André Zonaro Giacchetta and Sérgio Rosenthal. The information was confirmed by Minister Alexandre de Moraes, rapporteur of the investigations that led to the suspension of the social network in Brazil, in a decision handed down this Thursday (19).
Moraes is still awaiting proof from
“There is no proof of the regularity of the representation of
The lack of legal representation in Brazil was reported on August 30th. Earlier, both from businessman Elon Musk, at R$5 million per day for circumventing the suspension of the social network in Brazil. This Wednesday, the 18th, Anatel announced an update to the application that made access possible.
See who the lawyers are:
André Zonaro Giacchetta
Graduated in Law and with a master’s degree in Commercial Law from the University of São Paulo (USP), André Zonaro Giacchetta works on cases related to the technology market, with expertise in topics of privacy, data protection and civil liability of internet platforms.
Zonaro acted as a representative of 99 Tecnologia Limitada in an Allegation of Noncompliance with a Fundamental Precept (ADPF) as Amicus curiae – a party designated to provide support to the court – which deals with the legality of individual passenger transport through applications being processed at the Supreme Court.
In a public hearing at the STF on the applicability of the right to be forgotten in the civil sphere, the idea of a right to be forgotten that makes it possible to prevent, due to the passage of time, the dissemination of true facts or data in the media, Zonaro argued that the discussion affects the right to freedom of expression of Brazilian citizens.
As a representative of Yahoo! Brazil, the lawyer stated that legal actions are usually directed at internet service providers and that they should be directed against the authors of the content published on the networks. A position that corroborates the positions adopted by billionaire Elon Musk.
For Zonaro, “it only burdens the provider to exercise the right of defense in relation to content that it did not produce. If the demand were directed to those who produced content, to the user who expressed their thoughts, we would have guaranteed the breadth of defense, the defense of the content”, recorded the STF website about the public hearing.
The lawyer has more than 20 years of experience in law and has experience with international and national technology companies.
Sergio Rosenthal
Criminal lawyer with 30 years of professional experience, Sérgio Rosenthal has a master’s degree in Criminal Law from the Faculty of Law of the University of São Paulo (USP), a specialist in Economic Criminal Law from the Faculty of Law of the University of Coimbra and a specialist in Criminal Law from Escola Superior of the Public Ministry of the State of São Paulo.
Rosenthal was President of the São Paulo Lawyers Association (AASP), president of the Advocacy Defense Movement (MDA) and director of the Brazilian Institute of Criminal Sciences (IBCCrim). He is a member of the Defense Law Institute (IDDD) and the São Paulo Lawyers Institute (IASP).
Rosenthal is one of the lawyers critical of the methods adopted by Operation Lava Jato in conducting investigations that revealed corruption schemes in state spheres and in public companies. In an interview with the website Poder360, in March this year, the lawyer stated that the Judiciary must repudiate the irregularities found during Lava Jato.
“These investigation methods that involve irregularities, that involve an arrest warrant when there is no basis for it, that involve arbitrary acts by authorities, that involve the suppression of the rights of those being investigated… All of this must always be repudiated. It is an obligation of the Federal Supreme Court, as is the obligation of any judicial authority to defend the values of our Federal Constitution,” he said.
To Conjur, in July 2021, Rosenthal criticized the distortion of the use of legal instruments, such as preventive detention and plea bargaining, by Lava Jato drivers.
