Measure taken on Saturday also makes company’s oversight more difficult.
The exit of X from Brazil may have consequences for the enforcement of decisions by the Supreme Federal Court (STF), such as the time for compliance and subordination to foreign legislation, according to Ângelo Prata de Carvalho, a lawyer and professor of digital law. Besides these aspects related to the Supreme Court’s determinations, the measure taken by X on Saturday complicates the company’s oversight.
Mr. Carvalho explains that if the company maintains some form of representation in Brazil, such as a law office or another official representative, the decisions continue to be enforced as they are currently, with the company being notified in the country.
However, if it no longer maintains any representation in Brazil, orders from the Brazilian Supreme Court will be sent to the United States, the company’s home country. This sending occurs through international cooperation agreements and with the mediation of the Ministry of Justice. Thus, compliance with the ruling may take longer, as it involves the entire process of international agreements.
In many cases, Justice Alexandre de Moraes of Brazil’s Supreme Court has requested that X remove content within 24 or 48 hours. Requests with such tight deadlines would become more complicated through a cooperation agreement.
Another point raised by Mr. Carvalho is that when U.S. courts receive a request for international judicial cooperation from Brazil, that request will be interpreted under local law. “The threat of leaving Brazil, in light of X’s unavailability to comply with Justice Alexandre de Moraes’s orders, is a threat to make the execution of such orders even more difficult, that is, the provision of the information that Justice Alexandre seeks to obtain,” he said.
Mr. Carvalho emphasizes that submitting decisions to U.S. jurisdiction is not a guarantee that the social media company will not have to comply with the decisions.
“There is a vote of confidence that the American legal system adopts this more liberal conception of freedom of expression and will continue to do so, even in these concrete cases. But there is not exactly a guarantee. There is a tendency, but it will depend on how these orders are presented, the way they are interpreted, and even the conduct of these agents themselves.”
Elon Musk’s company announced Saturday that it will cease operations in Brazil in reaction to judicial decisions from Justice Moraes. The company cites a ruling in which Mr. Moraes allegedly threatened to fine and imprison the person responsible for the company’s office in Brazil, Rachel de Oliveira Villa Nova Conceição, for non-compliance with judicial determinations. However, the company states that the service will remain available to users in the country. The Supreme Court declined to comment on the matter.
Source: Valor International
