The minister of the (Supreme Federal Court) ordered this Tuesday (10) the shelving of the investigation opened to investigate, owner of X (former), and the social network for alleged obstruction of Justice, criminal organization and incitement to crime.
Moraes responded to a request from the (Attorney General’s Office), which at the beginning of the month argued that it had not been proven that there was deliberate resistance on the part of X to comply with determinations from the Supreme Court or the (Superior Electoral Court).
“Thus, if the defendant has filed within the legal deadline, there is no possibility of private subsidiary or original action, and this manifestation cannot be retracted, except in the emergence of new evidence”, wrote the magistrate in his decision.
The opening of the inquiry by the minister in April 2024 after repeated criticism made by Musk to the STF, the TSE and Moraes himself.
At the time, the magistrate also ordered the inclusion of the owner of X as being investigated in the investigation that investigates the existence of anti-democratic digital militias and their financing.
Moraes said that the measure was justified by the “intentional criminal exploitation” of the network, in connection with the facts investigated in the fake news and anti-democratic acts investigations.
“X’s conduct constitutes, in theory, not only an abuse of economic power, by attempting to illegally impact public opinion, but also flagrant induction and instigation to the maintenance of various criminal conducts practiced by digital militias,” he stated.
When requesting the archiving, the Attorney General of the Republic, stated that only “specific operational failures” on the part of X were identified and have already been corrected.
“In this case, it was not possible to identify malicious behavior on the part of the provider’s legal representatives that would constitute disobedience to decisions on suspension of rights, embarrassment to investigations of criminal organizations or public incitement to crime; on the contrary, what was revealed were specific operational failures that, once notified, were promptly remedied by the company”, he stated in his decision.
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