Minister Luiz, from (Supreme Federal Court), voted on Thursday (25) to allow the breach of searches confidentiality on Google for criminal investigations. With this, the trial has five votes in this regard.
Subsequently, it once again suspended the judgment on the possibility of justice to determine the delivery of data from people who sought information on search engines such as the investigation bodies.
The current that has so far been majority – to form mostly six votes – also indicates requirements to be met and the requirement of reasoning.
The case that came to the Supreme is a resource that deals with investigations of the murder of the councilwoman and her driver, Anderson Gomes, in 2018. The process is of general repercussion, which means that your thesis will serve for all similar actions in the country.
Only Fachin voted, following the divergence opened by Minister Alexandre de Moraes. So far, the score is 5 against 2 to authorize this type of measure, but with some requirements.
There are five votes in this regard and two other more restrictive votes, given by the rapporteur, retired minister Rosa Weber, and André Mendonça.
The divergence opened by Moraes was accompanied by Cristiano Zanin, Gilmar Mendes, Kassio Nunes Marques and Fachin. Ministers, however, suggest different levels for the criteria that should be fixed by the Court. The thesis will thus be discussed after the conclusion of the demonstrations.
From now on, Toffoli has 90 days to return the subject for the collegiate.
Besides him, Luiz Fux and Barroso remain to vote. Flávio Dino does not vote in this case for replacing rose, who voted before leaving the court.
In April, Gilmar Mendes had asked for a view – time for analysis -, returning the process to the plenary on Wednesday (24). André Mendonça and Alexandre de Moraes also asked for a view earlier. Thus, this is the fourth suspension of the case.
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