A and Trump Media, a company linked to the president of the , asked this Thursday (18) that the Florida Court formally recognize that the minister , of the (Supreme Federal Court), did not present a defense within the deadline set in a lawsuit filed by the companies against him.
The measure represents a preliminary step towards a possible trial in absentia. The companies claim that Moraes was summoned by email in May, through an alternative procedure authorized by the court itself, and that the deadline for responding ended on June 15 without a response from the minister.
According to lawyers for Rumble and Trump Media, the lawsuit documents were sent via two emails. Although one of the messages returned with a warning that the box was not enabled to receive emails, the authors claim to have received delivery confirmation of the message sent to the address linked to the minister’s office.
In the petition, the companies maintain that Moraes “did not appear, respond, request additional time or present any defense” after the summons. Based on this, they ask that the court secretariat formally record the defendant’s failure to comply with the procedural deadline.
After the (Attorney General of the Union) joined the process. Rumble argues that the Brazilian government’s initiative does not prevent the recognition that Moraes let the deadline pass without presenting a defense.
When announcing the measure, the AGU stated that the action represents an attempt to submit acts carried out by a member of the Brazilian Supreme Court to the jurisdiction of a foreign court, which would constitute an affront to national sovereignty and the independence of the Judiciary.
In the statement filed this Thursday, however, Rumble’s lawyers state that the Brazilian government’s actions do not replace a response from Moraes. According to them, the Federative Republic of Brazil does not represent the minister individually in the process and does not have the authority to respond on his behalf.
The authors also highlight that, although the Brazilian government requested to intervene in the action and requested that it be archived, Moraes did not present his own defense nor did he ask for an extension of the deadline to respond.
The measure requested by the companies does not end the process nor does it represent an automatic victory for the authors. If the request is accepted, the action will proceed to a new procedural phase, in which Rumble and Trump Media will be able to seek a favorable decision based on the absence of a defense presented by the defendant.
The legal dispute began after Rumble and Trump Media challenged Moraes’ decisions related to content moderation and the blocking of accounts on digital platforms.
On May 22, the US Court authorized the judge’s summons by email. According to the decision, attempts at formal notification through international cooperation between the two countries were frustrated. Once the summons has been served, there will be a 21-day period for submitting a response, under penalty of default being declared.
The companies claim that the minister’s determinations have effects in the United States and violate guarantees provided for in the American Constitution.
