Request about Bolsonaro followers is generic, experts say

The request by the Attorney General’s Office (PGR) to Minister Alexandre de Moraes to obtain identification data of all social media users who follow former President Jair Bolsonaro (PL) is, according to analysts consulted by the report, generic, unnecessary and does not have a clear motivation for the objective informed by the body.

The PGR’s request was made within the scope of the investigation, conducted by Moraes, on the alleged instigators of the demonstration that invaded and destroyed the headquarters of the three Powers, on January 8. Bolsonaro came under investigation because he shared, days after the fact, and later deleted, a video that said that Lula would not have been elected by the Brazilian people, but “chosen by the electoral service, by the ministers of the STF and by the ministers of the Superior Electoral Court” . In a statement, Bolsonaro said that the post was “accidental” and denied that the objective was to stimulate new demonstrations against Lula’s election.

One detail caught the attention of analysts: in the request, the PGR does not exactly specify all the platforms that must provide the information. It says that this information should be requested from companies “providers of social networks” and, in parentheses, it gives some examples, followed by an “etc.”: “Instagram, LinkedIn, Tik Tok, Facebook, Twitter, YouTube etc.”

A lawyer for a large platform, who asked not to be identified, was surprised by the lack of precision, something considered essential in this type of request. In addition, he stated that the LGPD does not oblige companies to keep the information as requested by the PGR.

“The PGR wants companies to produce data that they have no legal obligation to keep. On the contrary. The LGPD determines that only the information necessary for the execution of the application is retained”, said the lawyer.

Moreover, for him, the request is unnecessary. To obtain the number of Bolsonaro’s followers, it would be enough to directly consult the platforms themselves, which usually publicly disclose this information. Obtaining data from all users would go beyond what was necessary to measure the potential reach of the former president’s posts.

Another problem is the format: the PGR asked that the list of users be provided in digital PDF files, a type of document that allows low data handling, especially for a large amount of information, since Bolsonaro has millions of followers in networks.

The request was also seen as heterodox by members of the Public Ministry itself. One of them, who also asked for a reservation, said that it makes no sense to obtain data from all followers to measure reach. “I follow Bolsonaro. You follow Bolsonaro,” he said.

A doctor in Criminal Law, lawyer Acacio Miranda says that, without proper justification, the apprehension of people with the request of the PGR is justified. “It imposes a certain state of awe,” he says.

For him, even if a law has not been approved to regulate how digital information can be obtained for investigations, the Constitution and the currently existing laws already require that a request be well justified. “We already have many mechanisms. But we live in a complex phase, when people think about what they have to do and then create a foundation. Maybe that’s the problem, ”he comments.

Due to the criticism and distrust regarding the request, the PGR informed, in an official statement, that Bolsonaro’s followers will not be investigated. “It is imperative to measure the impact of publications and their respective reach. I would never investigate millions of people, it would even be impossible to do that”, said Carlos Frederico Santos, responsible for conducting investigations at the agency. The PGR recognized that there are people who follow the former president “out of curiosity, information, professional or academic motivation or different interests”.