The minister, of the (Supreme Federal Court), began to present his vote on the rules of on Wednesday (4) and said that technological innovations always raise fears.
Mendonça stated that true tolerance defends people, even if they express “idiotic or unacceptable” ideas, and that these ideas must be attacked, not people.
“The Brazilian Electoral Justice is reliable and worthy of pride. If, despite this, a citizen is suspicious of it, this is a right. In Brazil, it is lawful to doubt the existence of God, that man went to the moon and the institutions,” he said.
The plenary resumed the discussion about the moment when a platform must be held responsible for content from third parties published on social networks. Today, companies must only pay compensation if they do not remove publications after a court order.
Only Mendonça spoke. In the early afternoon, he warned that, given the complexity of the theme, he will read the vote and that he will need two sessions. The minister must complete the vote at the Thursday session (5).
In addressing the fake news theme, the minister defended a self -construct posture of the judiciary.
“What is sought to point out are the deleterious effects that result from an activist posture, which, in the present case, can further culminate in further sharpening the problem that is intended to fight,” he said.
The minister, who was nominated for office by former President Jair Bolsonaro (PL), has adopted a position that contradicts the majority wing of the court on various topics. He voted in 2024, for example, to prevent Alexandre de Moraes from judging the former president.
Marco Civil began to be tried in November, and there was a request for a view – time for analysis – from Mendonça last December. Until then, three votes had been given from the rapporteurs of both resources, and and the president.
A No Civil Marco of the similar to what was being discussed in the context of a bill on social networks regulation.
(PC do B-SP), the call is over and threats to parliamentarians.
Voting last December, Barroso said he understood that Article 19 of the Civil Marco is insufficient for the current scenario, which. He argued that in cases of offenses and crimes against honor, the need for prior court decision must continue to be valid.
This afternoon Barroso opened the session doing what he called in front of misinformation on the subject.
“The judiciary is not legislating, much less regulating general, abstract and definitive to digital platforms. We are judging pretensions that have arrived in court through appeals,” he said.
Toffoli, rapporteur of one of the processes, also commented on the subject. “This is not any judgment that concerns censorship or that has a freedom of expression,” he said.
According to the minister, article 19 of the law established a legal clause of immunity of liability for the period between posting and judicial deliberation.
“In the way it is today, this responsibility only arises if it fails to comply with a decision. If I comply, I don’t have to pay anything,” said the minister.
Based on the understanding that the current model gives immunity to companies, Toffoli proposed last year that liability is based on another provision of the law, Article 21, which provides for the removal of the content by simply notification.
According to voting, also in 2024, Fux proposed that companies are required to remove offensive content to honor or image and privacy that characterize crimes as soon as they were notified.
For him, the platforms must do active monitoring and remove the content from the air immediately, without the need to notify hate speech, racism, pedophilia, incitement to violence and apology for the violent abolition of the democratic rule of law and the coup d’état.
In turn, Barroso addresses the general duty of care, to prevent content such as child pornography, self -mutilation, suicide induction, trafficking in persons, terrorism and violent abolition of the Democratic Rule of Law come to public space.
