To the minister Rosa Weber, of the Federal Supreme Court (STF), this Tuesday suspended in full the Provisional Measure amending the Civil Law of the Internet. The MP was edited by the president Jair Bolsonaro (no party) on the last 6th and makes it difficult to remove content from social media.
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The preliminary decision was given in a Direct Action of Unconstitutionality filed by the PSB, and must be confirmed by the plenary of the Court. Also earlier this evening, the president of the Senate, Rodrigo Pacheco (DEM-MG), decided to return the MP.
In the order, the minister noted that the interference of the Judiciary must have “absolute exceptionality”, but said that she understands that, in the case of the MP, “we are facing a hypothesis in which the abuse of presidential normative power is apparently configured”.
Also according to the minister, the matter dealt with in the MP implies a restriction of rights and, therefore, could only be changed through a law in the formal sense, originated in the National Congress, “for reasons relating to democratic legitimacy, for greater transparency , by deliberative quality, by the possibility of participation of civil society actors and by the constitutional reserve of congressional law”.
“I am unequivocal, therefore, that it is unfeasible to broadcast, by means of a provisional measure, matters relating to fundamental rights and guarantees. And it is not claimed that the provisional measure under analysis, instead of restricting, only regulates the exercise of individual rights on social networks, maximizing their protection, which would be lawful through the aforementioned normative species,” said the minister in the decision.
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