Minister Alexandre de Moraes, of the Federal Supreme Court (STF), (formerly Twitter) and Starlink Brasil, after blocking a total of R$18.3 million from companies.
The amount corresponds to fines owed by the platform to the Court. Despite the decision, X remains suspended in Brazil.
This is because, to be unblocked, in addition to paying the fines, the social network must comply with other court decisions.
One of them is the removal of profiles that disseminated criminal messages and attacks on democracy.
The company also needs to appoint a legal representative in Brazil, as required by local legislation.
The conduct led to the platform being suspended in the country on August 30, by order of Moraes. The decision was confirmed unanimously by the first panel of the Court.
Both X and Starlink are owned by billionaire Elon Musk.
Moraes understood that there was a so-called joint responsibility between the companies for paying the penalties. According to the judge, the existence of a “de facto economic group” was recognized.
AGU defends that STF rejects actions
this Friday (13), that the Federal Supreme Court (STF) rejects the actions that question the suspension of the social network X and the fine imposed on those who circumvent the blockade.
The AGU understands that the type of action filed — an allegation of non-compliance with a fundamental precept — is not appropriate to challenge the Court’s decision.
The actions were presented by the Novo party and the Brazilian Bar Association (OAB). In his statement, the Union’s attorney general, Jorge Messias, defends that the processes be rejected without analyzing the request.
According to Messias, the decision to suspend X does not contradict the Constitution and is “sufficiently substantiated”.
“Apparently, the author seeks to use the allegation of non-compliance with a fundamental precept as a vehicle for transposing the analysis of the case to the Plenary of the Supreme Court, which cannot be admitted, both because this is not the scope of the ADPF and because It is legitimately up to the Classes to hold a referendum on the precautionary decisions issued within their jurisdiction”, he stated.
Legal Instability
The decision by Federal Supreme Court (STF) minister Alexandre de Moraes to block values from X and Starlink, in the opinion of constitutional lawyer André Marsiglia.
“Not just in the legal world. But even foreign investors who may fear that tomorrow this will create a precedent for judges of second instance or first instance to do the same”, said Marsiglia in an interview with CNN 360º (Monday to Friday, 3 pm) this Friday (13).
According to the lawyer, the scenario in which one company pays another’s debt only exists in cases of proven fraud. “For you to prove fraud or take away the personality of a company when it is serving, let’s say, as a figurehead for others, this is done through an incident, this is done through adversarial proceedings, expertise, evaluated documentation, examined.”
