The Federal Supreme Court (STF) resumed on Wednesday (24) the Judgment that can validate the breach of confidentiality for identification of users who have searched for keywords on websites on the Internet. The Court’s decision may authorize the measure in criminal investigations. 
Until now, The trial score is 4 votes to 2 to allow the breach of confidentiality of an indefinite group of users, but with rules that must be established by the Court.
After the scoreboard formation, the trial was suspended and will be resumed on Thursday (25). Votes of five ministers are missing.
Understand
The issue is debated from a resource presented by Google against A decision of the Superior Court of Justice (STJ) that forced the platform to deliver information from users of users who searched Councilor Marielle Franco and his driver, Anderson Gomes, in the days near the murder of both, occurred on March 14, 2018, in Rio de Janeiro.
The STJ’s decision upheld an injunction of the Rio justice that determined the delivery of IPs of user who searched the words on Google, the words Marielle Franco, Councilor Marielle, Marielle Councilwoman Agenda, Black house [local do último compromisso de Marielle antes do crime], Rua dos Invalidos, 122 [antigo endereço da Casa das Pretas] or Rua dos Invalidos, between March 10 and 14, 2018.
In understanding the Big Techthe decision was illegal for determining the breach of confidentiality in a generic way, without previously indicating the name of the suspectscommon procedure in criminal investigations and based on the Constitution, which establishes as a rule the inviolability of personal data and communications.
Vote
Until now, Ministers Alexandre de Moraes, Cristiano Zanin, Nunes Marques and Gilmar Mendes voted to allow the breach of confidentiality of an indefinite group of users, but with some rulesas a prior judicial decision, discard data collected from people who are not investigated and validity only for heinous crimes.
By validating the breach of confidentiality, Mendes stated that the Constitution guarantees the protection of personal data that is in digital media. Thus, the breach of confidentiality of the search for keywords on the Internet should be restricted in investigations into heinous crimes such as murder, femicide, rape, among others.
“We are dealing with fundamental rights restrictions of undetermined persons. The limitation of the measure seems essential to ensure that the smallest number of non -crime subjects suffer this limitation,” he said.
During the trial, Minister André Mendonça diverged and said the measure can create a “police state.”
“I understand that we are building a very dangerous proceeding with fundamental rights, freedom and intimacy of people. We are paving a way to a state of police, and it is a path without return,” he argued.
The second vote against the breach of indeterminate confidentiality was given by Minister Rosa Weber. In September 2023, before retiring, the minister spoke out against the measure.
CASE MARIELLE
At the demonstration, the Attorney’s Office reinforced the accusation against the Rio de Janeiro State Court of Auditors (TCE-RJ) Domingos Brazão, former federal deputy Chiquinho Brazão, Domingos’s brother, former Rio de Janeiro Civil Police Chief Rivaldo Barbosa, Military Police Major Ronald Alves de Paula and former military police officer Robson Calixto, advisor to Domingos. All are arrested preventively.
The request for conviction is part of the final allegations of the case, the last stage before the trial of the case. The trial date has not yet been marked.
