‘Twitter is dead’ and ‘Twitter is going to end’ become trending topics in Brazil

The clash between Elon Muskowner of the social network X (formerly Twitter), and the minister Alexander de Moraesof the Federal Supreme Court (STF)reached a new peak. Moraes gave the platform an ultimatum, ordering that, within 24 hours, an official representative of X be appointed in Brazil, under penalty of total suspension of the social network in the country. The court order was delivered in an unconventional way, through a subpoena published directly on the social network, highlighting the intensity of the confrontation between the billionaire and the Brazilian authority.

Closing in Brazil

The conflict between Elon Musk and Alexander de Moraes began to intensify after X announced, on August 17, the closure of its office in Brazil. At the time, the company, controlled by Musk, harshly criticized the minister, accusing him of threatening to arrest the company’s legal representative in Brazil if the court orders were not complied with. X claimed that these orders, which involve blocking content on the platform, are acts of censorship, and that the Brazilian team has no control over these decisions, placing the responsibility squarely on Moraes.

Legal representative

Moraes’ decision to subpoena the company through social media was a direct response to these accusations. In the document, he determined that if X does not appoint a new legal representative registered with JUCESP, the platform’s operations will be suspended immediately. This legal action reinforces the tug-of-war between Moraes and Musk, who finds himself under pressure to comply with the order or face the suspension of his activities in one of X’s largest markets.

Musk investigated

Elon Musk, who is already facing investigations in the Supreme Court for his attacks on the court and Alexandre de Moraes, in addition to being accused of spreading misinformation about Brazilian institutions, responded to these pressures in a defiant manner, maintaining his criticism of the minister’s actions. Musk’s stance further intensified tensions, with the billionaire using his own platform to expose what he considers abuses of authority by Moraes.

Opinions of jurists

The dispute between Musk and Moraes has not gone unnoticed by legal experts, who are debating the legality of the subpoena issued via social media. Traditionally, subpoenas for foreign citizens, like Musk, are issued via a letter rogatory, a formal procedure between the justice systems of different countries. However, the use of social media for this purpose was seen by some experts as an extreme but justifiable measure, given the absence of a legal representative for X in Brazil.

While some lawyers, such as Hebert Freitas, defend Moraes’ action, considering that the subpoena via social media could be a “last resort” in view of the company’s omission, others, such as João de Senzi, harshly criticize the procedure, arguing that it violates legal principles and could be considered invalid. André Marsiglia, an expert in freedom of expression, also pointed out that subpoena via social media has no legal value, but highlighted the obligation for foreign companies to have a legal representative in Brazil.

Platform limits

The ongoing confrontation between Elon Musk and Alexandre de Moraes puts X’s presence in Brazil at risk, while also highlighting the clash between the technology giants and national judicial authorities. The outcome of this dispute could define the limits of the operations of digital platforms in countries with strict legal systems.

Summary for those in a hurry:

• Conflict between Elon Musk and Alexandre de Moraes escalated with a 24-hour ultimatum for X to appoint a representative in Brazil.
• Moraes threatened to suspend the platform in Brazil if the order is not complied with.
• The summons was delivered by the STF via a comment on social media, marking the height of tension.
• Musk, investigated by the STF, criticizes Moraes’ actions, accusing him of abuse of authority.
• Legal experts are divided on the legality of subpoenas via social media.
• Confrontation could define the future of X in Brazil and the limits of digital platforms.