The Presidency of the Federal Supreme Court (STF), the Attorney General’s Office (AGU) and the Ministry of Justice (MJ) are discussing a legal solution to the North American Court’s decision to notify Minister Alexandre de Moraes about a case opened against him in the United States.
Lawyer Martin De Luca, who represents the video platform Rumble and Trump Media & Technology Group, stated this Monday, 25, that the minister was notified via email. The STF does not confirm this information.
The two companies filed a lawsuit in the US asking for the nullity of the restriction and blocking orders issued by Moraes. The argument is that the determinations constitute censorship and violate the right to freedom of expression.
Moraes should not speak out regarding the notification because, according to the Organic Law of the National Judiciary (Loman), the magistrate is not personally responsible for judicial decisions made in the regular exercise of his judicial function. The minister’s interlocutors explained that the Brazilian legal system protects judicial independence and provides for the judge’s personal liability only in exceptional cases – such as, for example, in cases of fraud.
However, it is not yet defined who will respond to the notification. This could be done, in theory, by the STF, the AGU or the Ministry of Justice, because it would be the case of international cooperation. Another possibility would be to call Itamaraty to act on the case.
In March, the Superior Court of Justice (STJ) denied a request to comply with a letter of request from the United States Court to subpoena Moraes. The Court understood that the legislation did not authorize the measure, because the minister acted in the exercise of his role.
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Even so, at the request of the platforms, the Florida Court authorized notification by email. In the view of Brazilian authorities, this procedure should have been carried out through diplomatic channels.
