The event in Praça dos Três Poderes on the 13th will have an impact on the judgment of the (Supreme Federal Court) on , scheduled for next Wednesday (27).
This is the assessment of two Supreme Court ministers and assistants heard by the Sheet. Members of the court have also given public signs that the and strengthen the position in favor of the .
The majority understanding in the court is that the process of political radicalization in Brazil involves the use of social networks to spread fake news and attacks, in addition to algorithms that encourage extreme positions.
One of the ways to reverse this situation, say the ministers, is to hold big tech companies responsible for the content published by their users. This involves a discussion about the object of the actions in the Supreme Court.
The regulation of social networks usually faces opposition from Bolsonarists. In addition to the attack, the trial must take place under the impact of (PL) and 36 other people for a coup plot and a plan to kill the president (), the vice president () and the STF minister at the end of 2022.
The judges stated with reservation that the most likely path to be adopted by the court is to define that social networks have a duty of care — a rule according to which platforms must remove criminal content without the need for a court decision.
This decision should impact the platforms’ content moderation rules, as big techs could be held responsible for damages caused by content published by third parties.
In the STF, it is assessed that the attack in Praça dos Três Poderes gives more legitimacy for ministers to judge the case, given the inaction of Congress in regulating social networks.
On Monday (18), during a lecture at the Legislative Assembly of Mato Grosso. “For us to return to democratic normality, regulation is necessary [das redes sociais] and the end of this impunity”, he said.
According to the minister, extremism has been driven by social media algorithms, which “without any transparency” promote “brainwashing of people, generating this environment of hate.”
In a speech the day after the attack, minister Gilmar Mendes also indicated the impact of the attack on the trial on the Marco Civil da Internet.
“Revisiting the facts that preceded yesterday’s attacks [último dia 13] is a prerequisite for holding a rational debate on the defense of our institutions, on the regulation of social networks —a trial that is approaching— and on possible proposals to amnesty criminals”, said Gilmar.
The minister read a written speech in the plenary. The text said that there have been so many attacks on social media, attempts to cause confusion and calls for a coup d’état in recent years that the “critical conscience of Brazilian society has become somewhat numb with such disorder.”
The president of the STF, minister, made a similar speech. He reported a history of the evolution of political radicalism, starting with former deputies Daniel Silveira and Roberto Jefferson until reaching the attacks on the headquarters of Power.
“On January 8, 2023, thousands of people, in concert via social media, and with the serious complicity of authorities, invaded and vandalized the headquarters of the three Powers of the Republic,” stated Barroso.
In the case of the attack, Francisco announced on social media his plans to throw explosives at the Supreme Court. The premonitory texts appeared among publications of a religious, extremist and supremacist nature shared on .
The Marco Civil da Internet trial took place in April this year. The bill was the main way to seek broader regulation of social networks, but the issue ended up weakened by the .
Rapporteur of one of the cases, Dias Toffoli took the process off the agenda following a request from the Chamber to wait for the House to vote on the issue.
The minister is responsible for the action covered by article 19 of the Marco Civil. The section defines that internet providers can only be held civilly liable for damages resulting from content published by third parties when there is a court decision to take down the content and this is not complied with.
In addition to this action, the plenary must also consider two others jointly. The cases deal with lawsuits involving internet giants: Google and .
The second of them is under the rapporteurship of and deals with the responsibility of platforms for content generated by users and the possibility of removing content that may offend personality rights, incite hatred or disseminate fraudulent news, fake news, based on extrajudicial notification. .
The case’s background theme is a decision that recognized damage to a person’s honor and image in the creation of a community on the Orkut social network entitled “Eu Odeio a Aliandra”, in reference to a high school teacher from Belo Horizonte, and imposed on the provider responsible for maintaining the service the duty to compensate.
Finally, under the minister’s report there is a case that discusses the blocking of the WhatsApp messaging application by court decisions. The action asks the Supreme Court to analyze whether the overthrow offends the right to freedom of expression and communication and the principle of proportionality.
There is also, in addition to the joint judgment of these three actions, the case about .
The material would have been made by the Integrated Operations Secretariat of the Ministry of Justice, with information on 579 teachers and police officers identified as anti-fascists. is the rapporteur.
