STF will resume trial on Thursday (24.abr) to define when researchers can access user search data on Google
Supreme Federal Court Minister André Mendonça voted on Wednesday (23.br.2025) so that the breach of the secrecy of search data on Google can only be done if the person is suspected of a crime and there is justification that the measure is necessary and appropriate for the case.
Mendonça proposed a new formulation for the less restrictive thesis defended by Minister Alexandre de Moraes. Also made reservations to prevent investigations from becoming “GENERIC” and practice the “Probative fishing” -When investigators seek evidence without a prior base.
“The great center of the discussion lies in the possibility of opening an investigation against undetermined people. This can dismiss for fundamental rights violations”said Mendonça in the plenary session.
Mendonça criticized Moraes’s thesis that allows a broader investigation of people. Argued that criteria are established to support the court order to break confidentiality. They are:
- proportionality, that is, the need and adequacy of the measure of breach of confidentiality; and
- the existence of previous reasons capable of characterizing a founded suspicion.
Mendonça and Moraes starred in a debate on the divergence of the theses. According to Moraes, establishing a very restricted standard can disrupt important investigations.
“We cannot take the pathology and establish a standard that will disturb important investigations. We cannot take the case of a judge who exceptionally for a matter of theft thinks that this is the rule and, as a result, make it difficult to research that is used worldwide today to combat pedophilia, child pornography and kidnapping.”declared Moraes.
After the discussion, the president of the Court, Minister Roberto Barroso, suspended the trial, which should be resumed on Thursday (24.abr).
Confidentiality
Ministers discuss whether, in criminal proceedings, it is possible to decree the breach of confidentiality of the history of searching for an unidentified set of people from keywords related to the case, a period of time or location.
The appeal was filed by Google against a decision of the Superior Court of Justice (STJ) that considered the court order to break the confidentiality of an indefinite group of people who did research related to Councilwoman Marielle Franco (PSOL-RJ) and her agenda in the days before her murder in 2018.
The STJ’s decision allowed the identification of the devices they sought for the terms “Marielle Franco”, “Councilwoman Marielle”, “Agenda Councilwoman Marielle”, “Casa das Pretas”, “Rua dos Inalidos, 122” or “Rua dos Inalidos”.
So far, Rosa Weber, already retired, has voted against access to data related to Internet research on Councilwoman Marielle Franco and suggested a thesis to limit data sharing in criminal investigations.
Minister Alexandre de Moraes opened the divergence, voting in favor of the STJ’s decision, and proposed a thesis to allow sharing, provided that there is suspicion grounded. It was accompanied by Minister Cristiano Zanin, who suggested modifications to specify that the order can only be applied to individuals on whom some degree of suspicion falls.
The trial had been suspended with the request for a view (more time for analysis) of Minister André Mendonça. It was resumed this Wednesday (23.abr) with the presentation of your vote and will be continued on Thursday (24.abr).
