Email summons authorized by US courts may be questioned based on the Hague Convention
Minister Alexandre de Moraes, from (Federal Supreme Court), may challenge the validity of a summons by email, if he decides to speak out in the action filed against him in the United States by and byowner of
The Federal Court of Florida requested that the minister be notified by institutional emails linked to the STF after the companies’ lawyers stated that they tried to summon him by other means, without success. The judicial minister via email via Martin de Luca this Sunday (May 24, 2026).
The challenge is possible because the Hague Convention – an international treaty signed by the USA – establishes formal rules for the summons of people in legal proceedings taking place outside the country where they are. As a result, Moraes can claim that notification by email does not replace the channels provided for in the treaty and, therefore, request the nullity of the procedural act.
There is, however, a possible legal impasse. To question the validity of the quote, Moraes would have to speak out within the process itself in the United States. By doing so, you could be considered formally notified of the action in which you are a defendant, even if your statement aims precisely to contest the form of notification.
If he does not contest or appear in court in the USA, Moraes may be subject to a decision without presenting a defense. The Court could analyze the companies’ request without hearing the minister’s arguments.
PROCESS IN WHICH MORAES IS CITED
The action was filed by Rumble and Trump Media in 2025. The companies question Moraes’ orders that determined the removal of profiles of Bolsonarista influencers from the platforms. In the lawsuit, they claim that the minister’s decisions would have effects on North American companies and would violate the 1st Amendment of the US Constitution, which protects freedom of expression.
The process was at a standstill because Moraes had not yet been formally summoned. In February, the companies’ lawyers asked the Florida Court for authorization to notify him by email. They said they had tried to carry out the citation through formal channels, including through the Hague Convention, but stated that the attempts made no progress in Brazil. One of the members of the companies’ legal team, lawyer Martin De Luca, detailed the case on social media:
The Florida Federal Court accepted the request and linked it to the STF. The Court took into account recent understanding in the Supreme Court of the State of Florida that allows electronic notification of defendants who are outside the United States in certain circumstances.
