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Alexandre de Moraes, censorship and YouTube: what is a myth, what is a fact, and what does the law say

Amid the intense political polarization in Brazil and the growth of opinion channels on social media, the name of Minister Alexandre de Moraes has returned to the center of discussions following rumors about possible international sanctions against his actions at the Supreme Federal Court (STF).

The speculations gained strength after the disclosure that a supposed letter from the United States government had been sent to the minister, warning about his "abuses of authority." The case provoked outraged reactions from political commentators and influencers, who began to predict asset freezes, visa cancellations, and even imprisonment, based on the so-called "Magnitsky Law."

For the lawyerDaniel Toledo, specialist in International Law, PhD in Constitutional Law, and founder of the firmToledo and Associated Lawyerscaution and technical knowledge are necessary when addressing the topic. "Many videos and posts are spreading a series of legal misconceptions. The Magnitsky Law, for example, has very specific objectives. It was created in the US in 2012 to punish those involved in serious human rights violations and international corruption. It does not automatically apply to any foreign authority," he warns.

Toledo emphasizes that, even in cases where sanctions are imposed, as occurred with Russian authorities during the war in Ukraine, there is no direct link to internal judicial decisions or political actions of a sovereign country. It is important to remember that the United States does not need the Magnitsky Law to restrict visas or freeze assets. The American government already has administrative means to do so. And, so far, there is no evidence that these sanctions are being applied to Supreme Court ministers, he notes.

The role of YouTube and the debate over censorship

Part of the controversy also involves decisions by Minister Alexandre de Moraes related to the removal of content and profiles on platforms such as YouTube and X (formerly Twitter). The discussion worsened after businessman Elon Musk challenged Supreme Federal Court rulings, arguing that his company could not be penalized for complying with United States legislation.

For Toledo, platforms operating commercially in Brazil must comply with Brazilian legislation. "If a foreign company operates within the national territory, offers services, and profits from advertising targeted at Brazilians, it is subject to local laws. This includes, for example, the Civil Rights Framework for the Internet and the Consumer Defense Code. The same applies to tax obligations, legal representation, and responsibility for illegal content hosted on their domains," he clarifies.

He recalls that although judicial decisions can be challenged and eventually reviewed, ignoring them may constitute disobedience and lead to measures such as blockades and economic sanctions. "The deadlock with Elon Musk, for example, is not about freedom of expression, but about jurisdiction. The Supreme Federal Court understood that the platform was being used to disseminate content that violated Brazilian legislation, and demanded measures. Discussing the measure is legitimate. Ignoring it completely, no," he points out.

Distorted interpretations of the law fuel misinformation

Toledo also criticizes the way influencers have interpreted excerpts from American and Brazilian laws to support theories about the alleged international siege on Moraes. "It is common to see people without legal training taking isolated paragraphs and distorting the original meaning of the norms. The Magnitsky Law, for example, does not provide for automatic punishments. It requires investigations, concrete evidence, and a thorough application process," he analyzes.

He observes that the internet has become a fertile ground for sensationalism. "Many channels are more concerned with monetizing engagement than clarifying legally what is happening. As a result, they inflame the population, generate unrealistic expectations, and contribute to the discrediting of institutions," he states.

A critical point, according to Toledo, is that this misinformation scenario ends up causing tangible impacts on people's lives. "Many people start to believe that a minister will be arrested because of a letter from the United States. Others think that obtaining dual citizenship is enough to no longer be accountable to the Brazilian justice system. These are completely mistaken views that only fuel instability," he emphasizes.

He also remembers that, in cases of potential legal action against an STF minister in international courts, the taxpayer bears the costs of the defense. "Processes of this nature are expensive. Offices in the USA charge very high hourly rates. If a Brazilian minister is sued abroad for their official conduct, the costs will be covered with public funds. It is the citizen who pays this bill," he warns.

Freedom of expression is not anonymity

Finally, Toledo emphasizes that the Brazilian Constitution guarantees freedom of expression but prohibits anonymity. "Anyone can express themselves freely, including criticizing authorities. However, they must identify themselves and be accountable for their statements. Creating fake profiles or anonymous pages to spread unproven accusations is not freedom of speech. It is cowardice and, often, a crime," he concludes.

The lawyer argues that the debate about the limits of the Judiciary and freedom of the press is legitimate, but must be conducted responsibly. "More legal education and less spectacle are needed. Legal truth does not fit into sensational headlines. It requires study, reflection, and commitment to the facts," he concludes.

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