The Special Court of the Superior Court of Justice (STJ) is expected to analyze this Wednesday the request to comply with a letter rogatory sent by the United States Court to subpoena the Minister of the Federal Supreme Court (STF) Alexandre de Moraes in a case brought by the companies Rumble and Trump Media. The rapporteur is the president of the STJ, minister Herman Benjamin.
Letters rogatory are instruments of international legal cooperation used when courts in one country request that the courts of another carry out procedural acts, such as summoning a person. In Brazil, it is up to the STJ to authorize this type of request, without analyzing the merits of the foreign action, merely checking whether it is compatible with legislation and national sovereignty.
The request was forwarded to the STJ after the Federal Court of Florida requested cooperation from the Brazilian Judiciary so that Moraes could be formally cited in the action. The case is being processed under secrecy and involves a legal dispute opened by American companies against the minister’s decisions related to the video platform Rumble.
The action in the United States questions orders issued by Moraes that determined the blocking of accounts on the platform and the handover of user data. The companies claim that the decisions had effects on citizens and companies based in the USA and that they were issued without following the mechanisms provided for in international legal cooperation treaties between the two countries.
The request reached the STJ in August last year and was filed under secrecy. According to the procedural rule, it is up to the Brazilian court to decide whether to grant the so-called “exequatur”, authorization necessary for the summons to be served in the country. If approval is denied, the minister will not be formally cited in the process being processed in the United States.
The legal conflict originates from decisions by Moraes that determined measures against accounts linked to those investigated for spreading misinformation and attacks on the Supreme Court. The companies Rumble and Trump Media contest these determinations and are seeking a declaration from the American courts that the orders would be inapplicable in United States territory.
