“No CEO can violate a court decision”, says Fachin
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Federal Supreme Court (STF) minister Edson Fachin defended this Monday (8) the decision of his colleague Alexandre de Moraes to investigate Elon Musk, owner of X (formerly Twitter). This weekend, the businessman said he would not comply with the Court’s orders to keep the profiles of those investigated for alleged anti-democratic acts blocked. After the repercussion, Moraes included Musk in the “digital militias” investigation.
“There is no way, obviously, not to initiate the respective procedure against him so that he responds, because encouraging non-compliance with court orders in Brazil means encouraging the reduction of institutions”, said Fachin during a visit to the Public Defender’s Office of Paraná, in Curitiba.
For Fachin, “no CEO, whether of the most important company in the world, can say that they will not comply with a court decision”.
“What he has the right to say, in the most acidic way he understands, is that he doesn’t agree and will appeal,” he added. Earlier, the president of the STF, minister Luís Roberto Barroso, stated “that any and all companies operating in Brazil are subject to the Federal Constitution, the laws and the decisions of the Brazilian authorities” and that judicial decisions “can be subject to appeal, but never deliberate non-compliance”.
In the decision that determined the investigation against Musk, Moraes emphasized that the platform’s conduct “constitutes, in theory, not only abuse of economic power, by trying to illegally impact public opinion, but also flagrant induction and instigation to maintain various criminal conducts. practiced by digital militias”.
In a note, Barroso reinforced Moraes’ understanding by writing that “nonconformity against the prevalence of democracy continues to manifest itself in the criminal exploitation of social networks”. Fachin highlighted that “in Brazil and in countries, at least in the Western world today”, certain companies “seek to exercise, especially on social media, more power than the powers that be”.
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