Constitutional lawyer André Marsiglia raised questions about the recent decision to investigate users of the social network X (formerly Twitter) who accessed the platform after it was blocked in Brazil.
During his participation in the WWMarsiglia highlighted the apparent change in interpretation of the original court decision.
According to the expert, the initial decision by Minister Alexandre de Moraes, of the Federal Supreme Court (STF), focused on the use of “technological subterfuge” to access the network, not considering the platforms themselves as illicit.
“It was not the networks that were considered illicit, so accessing the networks would not be the problem, but rather using technological subterfuge”, explained Marsiglia.
Changing interpretation generates uncertainty
The lawyer pointed out an apparent change in approach, with the new decision focusing on the “extreme” or recurring use of the platform.
“Now he says that the extreme use, that is, the recurrent use, is what would be the problem, so it would not be the use due to subterfuge, but it would be just a reiterated, or recurrent use”, he observed.
This change in the interpretation of the court decision raises concerns about legal security for users of the social network. Marsiglia highlighted: “The decision has changed. We don’t know if it is a new one or if it is a decision that interprets the previous decision in a different way. Of course, this creates legal uncertainty for all users.”
The controversy arises amid a broader context of tensions between X, its owner, Elon Musk, and Brazilian authorities.
The platform faces fines for reactivating accounts previously blocked by court order, while satellite internet company Starlink, also owned by Musk, is the target of investigations for allegedly facilitating access to the blocked social network.
The case raises important questions about freedom of expression, social media regulation and the limits of national jurisdiction in a globalized digital environment.
As the debate unfolds, users and experts continue to closely monitor legal developments and their implications for the use of social media platforms in Brazil.
