The national directorate of the Novo Party filed a complaint of non-compliance with fundamental precepts (ADPF) with the Supreme Federal Court (STF) on Monday 2, requesting an injunction against the suspension of the social network X, determined by Minister Alexandre de Moraes.
The caption claims that there is a violation of the right to freedom of expression and argues that networking knowledge and worldviews that are different or similar to each other and communicating one’s way of thinking”. According to the appeal, the assessment constitutes “preventive censorship” and “violates the legal regime of private activity of public relevance”.
The association also claims that Moraes’ decision violates the guarantee of due process of law, “providing a daily fine for any citizen or person residing in Brazil who uses technological subterfuge to continue communications made by X, such as the use of VPN.” The lawsuit states that the measure seeks to “instill terror and fear in Brazilian civil society.”
There is also, according to the article, a violation of the principle of proportionality: “Suspension of the network of hundreds of thousands of Brazilian users who use it in different ways.”
Finally, Novo claims that there is a violation of the democratic principle and the principle of fair elections. The lawsuit states, based on the assertion of the presence of danger in arrears“the real motivation of the judicial decision now being challenged was, in some way, to mitigate the narratives of ideological and political groups opposed to the Minister and other arguments that His Excellency does not personally like.”
The request for precautionary measures cites the possibility of “abuse” by Moraes. In a statement, the president of Novo, Eduardo Ribeiro, also classified Moraes’ determination as an “abusive decision” that, according to him, “has exceeded all limits of common sense.” He also stated that maintaining the decision “will consolidate the discourse according to which we are facing a dictatorship of the judiciary.”
On Friday 30, Moraes ordered the suspension of services of the social network X in Brazil, after the entrepreneur Elon Musk, owner of the platform, refused to appoint a representative in the country. The decision is valid until X designates an individual or legal entity as a spokesperson and pay fines for failure to comply with profile blocks. The value exceeds R$ 18 million.
The judge also set a daily fine of R$50,000 for anyone attempting to access X via VPN, a tool that allows the user’s location to be hidden.
Source: Terra
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