Brazilian Judicial Branch v. Telegram (and Bolsonaro)
On March 18, 2022, the Brazilian Federal Supreme Court Justice Alexandre de Moraes suspended Telegram’s functioning in Brazil through an individual injunction. In brief, the platform was blocked because its owners ignored their duty to cooperate with the Brazilian state in the repression of the illicit activities committed over the platform. However, only analyzing the issue’s core misses one of its essential surrounding elements: the direct interest of President Jair Bolsonaro in the free operation of the platform and the growing antagonism between him and Justice Alexandre de Moraes.
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Legalizing Disinformation
On 6 September 2021, Brazil’s president Jair Bolsonaro enacted a provisional measure (an executive order with immediate legal force and a deadline of 120 days for Congress ratification) which replaced several norms of the so called “Brazilian Internet Bill of Rights”. Bypassing the legislative, Bolsonaro avoided the political debate concerning social media regulation to continue his deeply problematic use of these tools. The provisional measure is unconstitutional for formal and material reasons.
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Military Justice, Journalism and Free Speech in Brazil
On 17 June, 2021, the Attorney-General of the Brazilian Federal Supreme Court affirmed that, in the government's view, the Military Justice has competence to try civilians accused of criminal offences against the honor of military institutions. He proposed that crimes related to the freedom of speech should be tried by a special military branch of the judiciary. The attacks on free speech by the government through the Attorney-General is another sign of the democratic erosion process.
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