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Minister Marco Aurélio Mello, of the Federal Supreme Court (STF), voted this Friday (13) for President Jair Bolsonaro to unblock access, to his profile on a social network, of a lawyer who criticized his actions in relation to the Police Federal.
According to the minister, the president cannot act as a “censor of social media claims.”
“It is not up to the President of the Republic to claim the role of censor of statements on social networks, blocking the petitioner’s profile, in what reveals a dangerous precedent,” said the minister in his vote.
Marco Aurélio Mello is the rapporteur of a mandamus appeal presented by a lawyer who was blocked in the profile of the President of the Republic on a social network.
In the lawsuit, the lawyer reported that he commented on a post from the president in May, with a photo that showed the dialogue between the deputy Carla Zambelli and the former minister Sérgio Moro, about the permanence of the then general director of the PF, Maurício Valeixo, in office .
Later, the lawyer commented that Bolsonaro “wanted and wants to intervene in the federal judicial police for his own interests and those of his children, which in itself is absurd.” Shortly after, access to the president’s profile was blocked.
See below the report on the testimony of the former Justice Minister Sérgio Moro, within the investigation to investigate the alleged interference of President Jair Bolsonaro in the PF.
Former Minister Sergio Moro gives testimony at the headquarters of the Federal Police, in Paraná
The lawsuit began to be judged in the virtual plenary on Friday (13). The trial will end on the 20th. The virtual plenary session is a form of deliberation in which the ministers present their votes on the STF website, without the need for face-to-face meetings or by videoconference.
According to the rapporteur’s understanding, there was no excess in the lawyer’s statement.
“The expression, in a social network, of opinion, promoting agreement or disagreement, is protected by freedom of expression. The state limitation to the latter must be understood as the maximum exceptionality and only occur when supported by obvious signs of abuse “reflected the minister.
“There was no, by the petitioner, a categorical statement against the democratic regime or representative of hate speech,” he added.
The minister also considered that the messages published on the president’s profile are not only of a personal nature, but also concern important matters for the whole of society. In this way, it can be understood as “administrative act practiced in the exercise of Public Power”.
“The messages published by the accused are not limited to personal, intimate or private issues. They refer to relevant issues for the entire community, using the profile as a means of communication for the official acts of the Federal Chief Executive,” said Marco Aurélio. .
“The performance in a social network of public access, in which content of general interest was transmitted through a profile identified with the position he occupies – President of the Republic – reveals an administrative act practiced in the exercise of Public Power” , he concluded.
In this same action, the Attorney General of the Republic, Augusto Aras, even defended that President Jair Bolsonaro can block followers on social networks. The ruling against the attorney’s request was sent by the PGR in September.
This practice is possible, according to the PGR, because the profile of the president is not an official advertising vehicle of the Public Administration.
“A different understanding, in the sense of forcing the signer of the account to admit the presence, in their social networks, of people who do not want, would mean canceling the subjective right of the interested party to use their personal account according to their interests and convenience, within of the parameters established by the platform’s servers and by national legislation ”, Aras stated in an opinion to the STF.
