Another important thing is that the judge didn’t decided of his own will for no reason that X/Twitter needs another representative in the country, it’s the law, right?
Our Civil Law Code says that is necessary for every Foreign Company to have a legal representative, what happens is a lot of web companys do not have this LR (I will shorten it like this so I don't get to spell everytime), so what the courts normaly do when there are litigations involving those companies is: 1) The courts will issue a warning to the company; 2) A Fine is established so that the company appoint a LR; 3) If the company has yet to appoint a LR, the Courts can determine the temporary suspension of the activities, then in the last step 4) The Courts can effectively block the activities in the country.
Just to add, the monocratic decision that was given by Moraes (the SC Judge) was just unanemously endorsed by the 1º Class of the Brazilian Supreme Court (that means that another 5 judges agreed with him, but also made him clarify what the infamous fine for people that used VPN, this question in specific is not yet settled.
And to be frank, I don't condone every action that was taken by Moraes, blocking the Starlink accounts was way too far in my opinion (and in the opinions of a lot of progressive and leftist jurists) but Musk really snobbed the brazilian law, while blocking content and accounts in other countries without arguing (Turkey, India), he tried to gamble and it has not (yet) paid off, because the decision to block the app is controversial, but the endorsement of other SC judges and a large part of the Lawyers, Law authors and Professors in Brazil had made it quite clear (to whoever wants to understand) that there is reasoning behind the decision.
At last, I will say that if Musk was not a shithead and Moraes was not so self-absorved and selfish we would not be seing this situation (he is following the law to the letter, but he is only doing this because Musk provoked him to). I would compare it to a unstoppable force meets an imovable object.
At last, I will say that if Musk was not a shithead and Moraes was not so self-absorved and selfish we would not be seing this situation (he is following the law to the letter, but he is only doing this because Musk provoked him to). I would compare it to a unstoppable force meets an imovable object.
That's a completely counterfactual conclusion to reach. This has very little to do with the specific personality of the specific judge. As you just pointed out yourself other jurists agrees with him, from scholars to practicing lawyers to other supreme court judges.
No judiciary anywhere is going to idly suffer such an attack on their authority and legitimacy.
The only instances I'm aware of in history where a judiciary does are the ones where a fascist party/dictatorship takes complete control of the country itself.
I do think you are right in this, I must've shared my personal opinion in a way that's not clear that I think he did the right thing by following our local law
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u/anninnha Sep 02 '24
Another important thing is that the judge didn’t decided of his own will for no reason that X/Twitter needs another representative in the country, it’s the law, right?