Supreme Court must analyze actions on holding social networks responsible for published content, changing the Civil Rights Framework for the Internet; other cases are the Bets Law and uberization
The (Supreme Federal Court) resumes its trials in February this year, after a recess that began on December 20, 2024. Although the complete agenda has not yet been defined, the expectation is that some cases to be judged at the throughout the year in the country’s main court involve actions on the liability of social networks, the Bets Law and the so-called “uberization”, which deals with the employment relationship of drivers with applications.
Some of them were started last year. This is the case with the liability of big techs by content published by third parties. This was the last topic to be discussed by the collegiate before the recess.
After the 3rd vote, by the president of the Court, the analysis (more time for analysis) by the minister. According to the rules, he has up to 90 days to return the case, but Barroso suggested to his colleague not to hold on to the case for too long.
“I would like to move forward with a solution as quickly as possible. It’s a distressing question right now, for us to establish limits and what the limits are. What can and cannot be done”he stated.
Another subject that could be on the ministers’ agenda is the Bets Law, questioned in 3 actions in the STF – one of (National Confederation of Commerce of Goods, Services and Tourism), one of the and another from the (Attorney General’s Office).
Last year, a to discuss the impacts of online betting in Brazil and the rapporteur of the actions, minister, stated that the analysis of at least 1 of the cases must be carried out in the 1st half of this year. He also that the standard would need a “very immediate adjustment”.
Likewise, another topic that was addressed during a public hearing at the Court and could be brought to the plenary in 2025 is the which consists of making traditional work models more flexible. The process discusses whether or not there is an employment relationship between drivers and platforms.
Reported by the vice-president of the Supreme Court, the case has recognized general repercussion. Therefore, ministers will have to approve a thesis that will serve as a guide for similar cases in other instances of justice. This could resolve thousands of cases currently being processed on the subject.
Another case that should be in the ministers’ sights this year is the alleged coup d’état plan hatched in 2022, according to investigations by the (Federal Police). The corporation, some of whom are in pre-trial detention –.
The investigation is being processed by the STF under the minister’s report. The next step is a which can file a complaint against those accused. If this is done, the complaints will be analyzed by the Supreme Court, which will decide whether to accept them or not.
AGENDA IN FEBRUARY
As has been customary, the Court announces trials scheduled for the following month in advance. So far, the February agenda includes, among other cases, the “ADPF das Favelas” and a case about the validity of shameful strip searches in prisons – both for the 1st trial session after the recess, on February 5th.
The “ADPF das Favelas”, as it became known, is reported by minister Edson Fachin, and deals with police violence in Rio de Janeiro. He gained prominence for asking police officers to wear cameras on their uniforms.
Protocoled in 2019, the action arose from an effort by social movements with the aim of reducing cases of violations committed by police forces in actions in favelas. The analysis of the topic in plenary began on November 13 last year – the same day as –, but was suspended for resumption at a later date.
In the case dealing with intimate searches, the ministers sought to prohibit the practice in the virtual plenary (a modality in which there is no debate between the ministers), but one of minister Alexandre de Moraes took the discussion to a face-to-face trial and the vote must be restarted.
Later in the month, on February 19, the ministers must return to judge an appeal proposed to adjust the thesis of general repercussion on the responsibility of newspapers for the speeches of interviewees.
The case rapporteur, Fachin, voted to readjust the thesis and suggested a new text, including a 3rd item about live interviews, which became one of the points criticized in the previous thesis. The case, however, was blocked by .
OTHER CASES THAT CAN REVERBERATE
Two themes that are under the minister’s report should continue to reverberate throughout 2025: amendments from congressmen and environmental issues linked to .
In both situations, the judgments have already been concluded by the plenary. However, Dino continues to impose a series of determinations on other Powers and demands information on compliance with collegial decisions.
In the area of health, the board can judge a report process by the minister, which deals with the competence of the (National Health Surveillance Agency) to regulate the advertising of foods that are harmful to health.
Zanin has already voted to recognize the authority of the body, but the trial was interrupted following a request from the minister.
A request for a view from André Mendonça also stopped another trial that could be resumed this year – this time, in a case that deals with of an indeterminate group of people.
TAX AREA ON THE RADAR
Some processes for virtual analysis are also scheduled for next month. In this format, rapporteurs can take the case to trial without having to go through the President of the Court, who sets the agenda in person.
One of them, scheduled from February 7th to 14th, is the discussion on the possibility of charging IRPJ (Corporate Income Tax) and CSLL (Social Contribution on Net Profit) on national companies from the profits earned by controlling companies. abroad.
Also in the tax area, the STF can make a judgment on the incidence of ISS (Service Tax) on the PIS/Cofins (Social Integration Program/Contribution for Social Security financing) calculation basis.
According to (Budget Guidelines Law) of 2024, the outcome of the case could have an impact on public coffers of R$35.4 billion in 5 years.
