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When starting the implementation of Provisional Measure 954, which frees the exchange of data by telecommunications companies during the pandemic, the Brazilian Institute of Geography and Statistics (IBGE) rejects the Supreme Federal Court. With this understanding, the Order of Lawyers of Brazil requested the early granting of the precautionary provision in the sense of the total suspension of the MP.
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The measure establishes that telephone companies must make the list of names, telephone numbers and addresses of consumers, individuals or legal entities available to IBGE. The standard is valid for companies that provide Switched Fixed Telephone Service (STFC) and Personal Mobile Service (SMP). The purpose of sharing would be to support official statistical production during the internationally significant public health emergency due to the coronavirus.
The STF also analyzes the possibility of granting precautionary measures in four direct unconstitutionality actions filed against MP 954. The Rapporteur, Minister Rosa Weber, granted 48 hours for the demonstration by the Attorney General of the Union and the Attorney General of the Republic on the theme.
During this period, according to the OAB, IBGE began implementing the MP. Minister Rosa’s request was made on Tuesday (04/21). In the fourth, the municipality published Normative Instruction No. 2/20, which establishes procedures for sharing the names, telephone numbers and addresses of users.
This Thursday (4/23), it made the telephone and communication operators official for the immediate transfer of data, a measure that, according to the OAB, ignores the seven-day period established in the provisional measure.
“It should be noted that IBGE’s conduct of following up on the acts of implementation of MP 954/2020 to directly officiate fixed and mobile telephone operators does not allow the prior manifestation of this atrocious Supreme Federal Court,” says the entity, in the article sent to minister
In addition, says the OAB, the action threatens to empty the preliminary order, in view of the possible loss of object, since when the rapporteur receives the response and considers the request, the data may have been shared.
For this reason, the entity urgently requested the early grant of the precautionary provision for the complete suspension of MP 954 and, as an alternative, the determination that, until the evaluation of the precautionary measure, IBGE refrains from requiring the exchange of personal data for landline operators that are not obliged to share.
Click here to read the application.
ADI 6,387
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