The president of the Federal Supreme Court (STF), minister Edson Fachin, released a note this Thursday, 2, in which he refutes a preliminary report prepared by the Judiciary Committee of the United States House of Representatives. The document accuses Minister Alexandre de Moraes of practicing censorship that could affect the fairness of the 2026 presidential elections in Brazil.
“The report presents distorted characterizations of the nature and scope of specific decisions of the Federal Supreme Court, as well as, more broadly, of the system of protection for freedom of expression in the Brazilian legal system”, says Fachin.
In the note, Fachin does not directly quote Moraes, but defends the Court’s general actions. “It should be noted preliminarily that the Court and all its members strive to defend the independence between the Powers and the authority of their decisions. The Ministers of the Federal Supreme Court strictly follow the constitutional precepts, with freedom of expression being one of these fundamental primacies of our Republic”, he states.
The minister also justifies orders to remove content on digital platforms, in inquiries reported by Moraes, such as fake news and digital militias.
According to him, the measures “are part of the context of investigations that have as their object the criminal exploitation of social networks by digital militias, with the purpose of committing various criminal offenses, in particular the crimes of attempted violent abolition of the Democratic Rule of Law (art. 359-L of the Penal Code), coup d’état (art. 359-M of the Penal Code) and criminal association (art. 288 of the Penal Code)”.
“As part of those investigations, precautionary measures were issued when there was robust evidence of the commission of those crimes,” he adds.
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The president of the STF also informs that clarifications “that may contribute to the restoration of an objective reading of the facts” will be sent to the body of the US Congress, through diplomatic channels and at the appropriate level.
Commission criticizes Moraes’ ‘censorship orders and legal maneuvers’
The Judiciary Committee of the US House of Representatives released this Wednesday, the 1st, the content of its most recent report on freedom of expression in Brazil. The provisional document was prepared by a team linked to the collegiate.
“Minister Moraes’ censorship orders and legal maneuvers against the Bolsonaro family and their supporters could significantly harm their ability to speak out online on matters of public importance in the months leading up to the Brazilian presidential election,” says an excerpt from the document.
The American collegiate is dominated by allies of President Donald Trump, alongside whom the Bolsonaro opposition lobby operates in Washington. In January, senator Flávio Bolsonaro (PL-RJ), pre-candidate for President of the Republic, former deputy Eduardo Bolsonaro and YouTuber Paulo Figueiredo visited the office of Republican congressman Jim Jordan, who is president of the commission.
