Analysis: Criticized by jurists, decree on big tech empowers government

Decrees from the federal government that update the Marco Civil da Internet have been the target of criticism from jurists, who point to a strengthening of structures linked to the government itself.

The most immediate criticism of the decrees concerns the empowerment of the ANPD (National Data Protection Authority), the body responsible for the supervision provided for in the measures.

"The ANPD has five seats. One is vacant. Of the other four, three were appointed directly or indirectly by the Ministry of Justice or SECOM", said Caio Junqueira to CNN Prime Time this Monday (25).

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SECOM is commanded by Sidônio Palmeira, who is also responsible for President Lula's (PT) pre-campaign. "The body that will take care of this inspection is aligned, in principle, with the government that appointed it", notes Junqueira.

In addition to the ANPD, another highlighted point is article 16 of the decrees, which strengthens the role of the Federal Attorney General's Office in cases of disinformation related to government public policies. For the analyst, the combination of the two mechanisms concentrates oversight power in bodies directly linked to the Executive.

Another aspect that draws attention, according to Caio Junqueira, is the sequence of events.

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Soon after the publication of the decrees by the federal government, the minister of the Federal Supreme Court Dias Toffoli scheduled the embargoes on the issue for a virtual trial. This matter had been paralyzed for months in the Court.

"This suggests that there was a table, a game played between the Palácio do Planalto and the STF on this issue", assessed the analyst.

For large technology companies, the situation is described as complicated. Junqueira points out that the majority opinion of the STF, the instance to which companies could appeal, is aligned with that of Palácio do Planalto in this case.

The remaining alternative would be the National Congress, where there is a calculation of 22 PDLs (Project Legislative Decree) to overturn the measures. However, the analyst assesses that guiding and approving these projects would require a very well-organized mobilization, something considered rare, as in the case of the IOF.

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Source: CNN