The head of Brazil’s Supreme Court, Justice Edson Fachin, refuted accusations of censorship against digital platforms contained in a report by the US House Judiciary Committee released Thursday (Apr. 2).

Written by lawmakers who support President Donald Trump, the report states that Supreme Court Justice Alexandre de Moraes committed acts of censorship against freedom of speech in the US by ordering the suspension of social media accounts belonging to Brazilians living in there who are accused of carrying out online attacks against Brazilian institutions.

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In an official statement, Justice Fachin said the report has “distorted characterizations” of the nature and scope of certain court decisions.

He also argued that the Brazilian legal system protects freedom of speech, but that this right is not absolute.

“It is understood that, in certain cases, freedom of speech may exceptionally be subject to specific limitations, particularly when these are necessary to preserve the effectiveness of another fundamental right. Similarly, one cannot invoke the right to freedom of speech to commit crimes defined by law,” he stated.

He also stressed that Justice Moraes’ orders to remove illegal content were issued as part of investigations into digital militias accused of committing crimes against democracy and attempting a coup d’état in Brazil.

“The legal framework established by the 1988 Federal Constitution, as interpreted by the Supreme Court, elevates freedom of speech to the status of a preferential right among fundamental rights. Other rights prevail over it only in exceptional cases, under the law, particularly in situations where freedom of expression is invoked to commit crimes defined by the law,” he added.

Supreme Court Justice Alexandre de Moraes ordered on Wednesday (Apr. 1) the execution of arrest and search warrants against businessman Marcelo Conde, accused of financing an illegal scheme to access the financial data of Supreme Court justices, their relatives, and other officials.

The measures were ordered during the second phase of Operation Exfil, which investigates the sale of the data. Federal Police agents were unable to locate the businessman, who lives in Rio de Janeiro.

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According to the investigation, Conde is accused of financing a scheme to illegally obtain confidential tax data protected by law.

Federal Police investigators said Marcelo Conde allegedly provided lists of victims’ records from the Federal Revenue Service and made a cash payment of BRL 4,500 to obtain the data. The information was allegedly accessed illegally by Federal Revenue Service employees, outsourced staff, customs brokers, and intermediaries with access to the systems of the Federal Revenue Service and the Financial Activities Control Council (COAF).

In light of the evidence gathered by the police, Moraes also ordered the lifting of confidentiality on the defendant’s cell phone records and cloud-based data.

Confidentiality

Investigators also discovered that, in addition to Supreme Court justices and their relatives, the tax data of Attorney General Paulo Gonet Branco, ministers of the Federal Court of Accounts (TCU), federal representatives, former senators, heads of federal regulatory agencies, and a former governor were improperly accessed.

In total, the scheme allegedly accessed data from 1,819 people.

In a statement, attorney Nélio Machado noted the businessman’s defense team had not yet had access to the judge’s ruling ordering the measures.

“We learned today of the measures ordered against our client, but we have not yet had access to the ruling. We immediately filed a request to access it and are now awaiting approval to take further action,” stated the defense.

Brazil’s former President Jair Bolsonaro was discharged from the hospital on Friday morning (Mar. 27), according to a medical bulletin released by DF Star Hospital, where he had been hospitalized since March 13 to treat pneumonia.

Bolsonaro returned to his home in a gated community in Lago Sul, an upscale neighborhood in Brasília, where he will serve temporary house arrest authorized by Supreme Court Justice Alexandre de Moraes.

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The former president had been hospitalized since March 13 after falling ill at the Papuda Prison Complex.

At the time, he was taken by a medical team to hospital with a high fever, low oxygen saturation, sweating, and chills.

House arrest

Under house arrest, Bolsonaro will once again be monitored by an ankle tag. In November last year, before being convicted of the coup plot, the former president had been arrested after attempting to tamper with the device.

Agents from the Federal District Military Police will be responsible for securing the residence to prevent an escape. 

According to the ruling, house arrest has an initial term of 90 days. After this period, the measure will be reviewed by the presiding justice, who may request a new medical evaluation.

Jair Bolsonaro is serving a sentence of 27 years and three months for attempted coup d’état and other related crimes.

Brazil’s Supreme Court Justice Alexandre de Moraes granted former President Jair Bolsonaro house arrest on Tuesday (Mar. 24).

The move grants a request made by his defense team. According to the lawyers, Bolsonaro is unable to return to prison due to the worsening of his health issues.

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The decision will take effect after Bolsonaro is discharged from DF Star Hospital in Brasília, where he has been recovering from bacterial pneumonia since March 13.

Under the ruling, the house arrest will initially last for 90 days. After that, the continuation of the measure will be reviewed by the justice, who may request a new medical evaluation.

Moraes also ruled that Bolsonaro will once again be monitored by an electronic ankle monitor. In November last year, before being convicted in the coup plot case, the onetime president was taken to prison after attempting to tamper with the device.

Military officers will be responsible for securing Bolsonaro’s home to prevent his escape.

Bolsonaro was sentenced to 27 years and three months in prison in the criminal case related to the coup plot and was serving his sentence in Brasília’s Papuda Prison Complex.

Visits

Former President Jair Bolsonaro will not be allowed to receive visitors during the initial 90-day period of his house arrest, except for his children, doctors, and lawyers.

Bolsonaro is also banned from using a cell phone and accessing social media, including through third parties, as well as from recording videos for the internet.

Camping

Alexandre de Moraes also banned supporters from setting up camps outside the Solar de Brasília Condominium, where the former president’s residence is located.

Health

In his ruling, Justice Alexandre de Moraes stated that the prison where Bolsonaro was being held is equipped to provide adequate medical care and noted that the former president was promptly taken to the hospital after falling ill.

However, the justice said it is more appropriate for Bolsonaro, who is 71 years old, to recover from pneumonia at home.