For ministers, case X creates a favorable climate for the debate on network regulation in the STF | Blogs

X’s decision to retreat from the confrontation with the Federal Supreme Court (STF) and meet the demands to resume operating in Brazil creates a favorable environment for the regulation of big techs to advance in the Court. The assessment is made subject to reservation by STF ministers, who understand that the episode involving billionaire Elon Musk’s company could pave the way for judgments on actions dealing with the Marco Civil da Internet and the actions of digital platforms.

Minister Luís Roberto Barroso, president of the STF, has already signaled that he will be able to guide actions related to these issues after the elections. The joint assessment of these processes would have been requested by the rapporteurs to the President of the Supreme Court, according to reports from magistrates.

For a minister, the institutional strengthening of the Supreme Court in the wake of the retreat of the X helps to highlight the urgency of the issue and facilitates the discussion of the subject. He admits that there may be a reaction from the National Congress, but argues that the Legislature’s slowness in addressing the issue will be difficult to overcome in the medium and long term.

One of the cases awaiting trial, reported by Toffoli, questions a provision of the Marco Civil da Internet that requires a court order for providers to be held responsible for harmful content. Another action, which is with Minister Luiz Fux, deals with holding providers accountable and removing illegal content. There is also a third action that could be analyzed together, reported by Minister Edson Fachin, which deals with Whatsapp blocks.

A peaceful point behind the scenes of the STF is that these matters must be analyzed in plenary by all 11 ministers of the Court. The decisions related to blocking the X, initially taken by Minister Alexandre de Moraes and validated by the group, caused discomfort among the STF. In private conversations, ministers such as André Mendonça and Kássio Nunes Marques indicated dissatisfaction with the fact that the case had not been referred to the plenary.