Following that of an investigation of allegedly unfair commercial practices opened by President Donald Trump in the US, business entities and companies in Brazil and the US also officially spoke out about the investigation.
OX (former Twitter), by billionaire Elon Munsk, was one of them. He referred his demonstration to the US commercial representative (USTR) under the process that the United States government opened against Brazil. The platform was suspended in the country in 2024.
In the document attached to the USTR website open to manifestations of citizens, entities and companies, X points out that Brazil represents one of the largest global bases of platform users and a strategically significant market. He then states that there are substantial concerns regarding regulatory predictability, proportionality in law application and trade protection.
Free tool
XP Simulator
Learn in 1 minute how much your money can yield
“These trends directly impact US digital service providers and justify a close examination in the context of the 301 section process,” the X said.
Ox recalls that in June this year. The Superior Federal Court (STF) partially declared unconstitutional Article 19 of the Internet Civil Mark. According to the X, the decision allows the accountability of social networks for illegal content based on private notifications or allegations of offense, without prior judicial revision.
The platform evaluates that this increases legal uncertainty and can restrict access to the market and digital trade between the US and Brazil.
Continues after advertising
OX also states that some Brazilian courts have also decided that removal orders have a global effect, even when these contents are legal in other countries, including the US.
The former Twitter also points out that since 2020, the Supreme Court and the Superior Electoral Court (TSE), through orders issued by STF Minister Alexandre de Moraes, determined that X deactivates the user profile, including politicians and journalists-in some cases, US citizens.
“The vast majority of these orders were issued under confidentiality, preventing affected users from being notified or exercising their right of defense in court,” the opinion says.
Continues after advertising
OX also recalled that Moraes blocked access to the platform across the country (in August 2024), froze bank accounts of the local social network subsidiary and blocked Starlink’s bank account in Brazil, another Elon Musk company, although the company had no connection with the judicial dispute involving X.
“These measures illustrate to what extent inspection actions in Brazil can extrapolate domestic judicial limits, creating legal uncertainty, operational risk and potential commercial barriers to US companies,” the company said.
OX also stated that court decisions and government guidelines over the years have forced foreign internet companies to provide any necessary digital evidence to investigate illicit and crimes under Brazilian jurisdiction. Ox claims that the order occurs even if data and content is stored outside Brazil.
