Former adviser to Gilmar proposed an anti-coup package – 02/03/2023 – Panel

Victor Oliveira Fernandes, former chief of staff of Minister Gilmar Mendes (STF) and currently an adviser to Cade (Administrative Council for Economic Defense), sent a draft with suggestions for the anti-coup package under analysis by the government of Luiz Inácio Lula da Silva (PT ).

The proposal was prepared by the Ministry of Justice and delivered to the president by Minister Flávio Dino. It will now undergo the scrutiny of the Civil House to then be sent to the National Congress.

The suggestions made by Fernandes are about containing anti-democratic content on social networks, an excerpt for which the coordinator of Digital Rights at the Ministry of Justice, Estela Aranha, was responsible.

The draft sent to the Civil House was not disclosed in full, but one of the points highlighted by Dino in the press conference in which he announced the proposal, the “duty of care”, is mentioned in the first article of the proposal prepared by Gilmar’s former assistant.

In the document prepared by Fernandes, to which the Panel had access, there is a suggestion to establish “duties of action and care” for internet providers and applications “to facilitate the prevention and repression of crimes against the Democratic State of Law and the combating illicit content generated by third parties related to these crimes”.

Another point of convergence is the preparation of periodic reports on content that may constitute crimes against democracy. This was one of the determinations anticipated by the Sheet.

Other changes announced by Dino, however, are not included in Oliveira’s document. Among them, the two-hour period in cases of judicial determination for content removal.

According to the metadata of the proposal file obtained by the Panel, Fernandes began writing it on January 10 at 11:01 pm, that is, two days after the attacks on the headquarters of the Three Powers in Brasília.

He was Gilmar Mendes’s chief of staff between 2019 and 2022. Since then, he has been an advisor to Cade. Contacted by the Panel, he did not answer and did not return the messages. Gilmar declined to comment.

Minister Flávio Dino’s office stated that he himself wrote the proposal for regulation, printed it in his office and left a printed document directly in Lula’s hands.

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