The Attorney General of the Republic, Augusto Aras, asked the Federal Supreme Court (STF) to suspend parts of the resolution approved yesterday (20) by the Superior Electoral Court (TSE) in order to expedite the removal of social media posts that are found to be false by the court. 
In the action, Aras stated that parts of the rule are unconstitutional for violating the institutional functions of the Public Ministry, freedom of expression, prohibition of prior censorship and the competence of the Legislature to create electoral rules.
Among the contested passages, Aras contests the article that prevents the dissemination or sharing of facts that are known to be untrue or seriously out of context.
In the opinion of the prosecutor, the ban should not reach the free expression of opinions and information.
“The antidote to disinformation is more information, not censorship. In the democratic space, the word, the vote, is the power of the citizen. Universal suffrage is not limited to the moment of casting the vote in the ballot box, in the direct manifestation of the power to decide the course of the nation. Democracy is achieved with the active participation of citizens, especially in spaces for dialogue, and the internet is revealed today as one of the most accessible spaces for the expression of thought”, said Aras.
Regarding the rule that allows the temporary suspension of profiles on social networks in cases of systematic production of disinformation, Augusto Aras argued that the measure is disproportionate and that abusive use must be corrected by removing content and not the entire channel. .
“It must be borne in mind that, at present, profiles and personal accounts on digital platforms are spaces often used for professional, scientific, artistic or ecclesiastical activities. Any abusive use of those means must be corrected by removing content, but not by suppressing these spaces, jettisoning people from their virtual environments of action, in the exercise of citizenship”, he said.
Finally, the Attorney General of the Republic also contested the passage that extends the powers of the president of the TSE, Minister Alexandre de Moraes, to extend decisions taken by the plenary to remove content.
“TSE Resolution 23,714/2022 exceeds the regulatory power and innovates in the legal system, creating the possibility of monocratic judicial action ex officio, with a high burden of discretion by granting a kind of blank letter, by which the TSE presidency is assigned a judgment extensive and broadening of collegiate decisions, giving it the discretion to say what situations with identical contents are, harming the democratic rule of law”, he concluded.
The action was distributed electronically to Minister Edson Fachin, who will act as rapporteur of the case. There is no deadline for decision.
