In the opinion of members of the court, the Brazilian State should have been called, not the minister
The Federal Supreme Court (STF) articulates the adoption of appropriate legal measures after the United States Court ordered the personal subpoena of minister Alexandre de Moraes by email.
. The platform accuses the minister of ordering the suspension of profiles of Brazilians living in the United States. The targets are accused of anti-democratic attacks against the Supreme Court.
The Court intends activate Brazilian diplomacy and the international cooperation area of the Ministry of Justice. The Federal Attorney General’s Office (AGU) should also be contacted to assist with the case.
In the opinion of members of the court, Brazilian laws prevent magistrates from being personally responsible for judicial decisions made during the performance of their duties.
According to this assessment, the hypotheses of personal responsibility of judges are exceptional and only occur in cases of intentional fraud. Furthermore, the Constitution establishes that the State’s responsibility is objective. That way, the Brazilian State should be activated, not the minister.
In March this year, the Superior Court of Justice (STJ) denied Rumble’s request to notify Moraes through a letter rogatory, a legal instrument used to notify those who live abroad. By law, it is up to the STJ to authorize this type of procedure.
US notification to Moraes
Moraes received a quote via email from the Rumble platform and Trump Media on Sunday (24), who file a lawsuit against the judge in the United States. The country’s justice system, through a Florida court, had authorized the procedure on Saturday (23).
The decision allowed the process to move forward even without in-person service, as long as the notification is proven electronically. The companies accuse the minister’s orders of violating freedom of expression and ask that they be considered illegal in North American territory.
“A case has been opened against Your Excellency,” the document says. The summons is a formal notice from the American Court saying that there is a case against him and that he needs to respond within the specified period of 21 days. If you do not present a defense, the Court may decide the case in absentia, that is, without hearing your version. The text also says that the response must be sent to the plaintiff companies’ lawyers and to the Florida federal court.
In a note sent to the column, Trump Media celebrated the progress of the process and accused Moraes of “censorship” against the company and Rumble. “Minister Moraes sent his “censorship” orders to US platforms like Rumble via email directly from Brazil — bypassing the US government, US courts, and ordinary legal procedures. Rumble and Trump Media did the opposite. We first followed the appropriate international legal procedures. For many months, we attempted to process service through the Hague Convention — the formal, treaty-established process for serving a defendant on another country”, says the company.
*With information from Agência Brasil
