The minister of the Federal Supreme Court has come to opposite conclusions about the importance of press and expression in two decisions made about Lula and in the space of seven years.
In September 2018, which was in prison, following a request from the New Party. The authorization for the conversation with columnist Monica Bergamo had already been given by then Minister Ricardo Lewandowski, but was reversed by Fux.
At the time, he said that freedom of the press is something that could be relativized and cannot be raised to an “absolute level incompatible with the multiplicity of fundamental vectors established in the Constitution.”
The argument at the time is that a conveyer of Lula at that time, a few days from the presidential election, could influence the voting decision.
“It is in this sense that the exceptional relativization of press freedom is necessary in order to guarantee an informational environment exempt for the conscious exercise of the right to vote,” he said.
On the other hand, Fux makes a robust defense of freedom of expression. The prohibition that the former president use social networks or give interviews is one of the points determined by Minister Alexandre de Moraes.
The minister says freedom of expression is “stone clause.” “It should be noted that part of the precautionary measures imposed, consistent in the prior and abstract impediment of use of the media indicated in the decision (all social networks), confronts the stone clause of freedom of expression,” he said.
He further states that “disproportionately restricted fundamental rights, such as freedom to come and go and freedom of expression and communication, without contemporary, concrete and individualized demonstration of the requirements that would legally authorize the imposition of these precautions.”
Although he was in minority in the first class of. It is expected to counter Moraes during Bolsonaro’s trial in the alleged coup plot.
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