Fachin gives approval and AGU will defend Moraes in a case filed against him in the USA

STF Minister Alexandre de Moraes
Luiz Silveira/STF
The president of the Federal Supreme Court (STF), Edson Fachin, asked the Federal Attorney General's Office (AGU) to take the necessary measures and act in the defense of minister Alexandre de Moraes in the lawsuit filed by the Trump Media group and the Rumble platform in the United States against him.
According to Fachin, what is at stake is not an issue related only to the Minister of the Court, but rather to the independence of the Judiciary and the sovereignty of the country. Therefore, the action of the AGU, headed by Jorge Messias, in this case is justified.
The Attorney General's Office (AGU) is the body responsible for legally representing and defending the federal government and the Union. It functions as the "advocacy" of the Brazilian State.
The measure was taken after the United States Court authorized Moraes to be notified by e-mail about the opening of the action against him in the United States, allowing the process advance.
Moraes is notified by email about action by Rumble and Trump Media, says lawyer
The two companies turned to the US courts to try to block the application of restriction and blocking orders issued by Moraes in Brazil, under the argument that they constitute censorship and violate US constitutional guarantees.
Moraes' decisions questioned by US companies targeted US-based accounts belonging to right-wing users. Rumble has been off the air in Brazil since February 2025.
According to Brazilian law, ministers of the Federal Supreme Court (STF) cannot be sued or held personally responsible for decisions taken in the exercise of their functions. However, the companies have sought to reverse the magistrate's determinations in the United States Court.
AGU asked the STF whether it should act in defense
After the notification, the AGU informed the Supreme Court that it remained at the Court's disposal to act on behalf of Brazil, in the institutional defense of the Brazilian State before the foreign forum, given the legal and institutional sensitivity of the case.
"In this sense, we inquire, with the urgency that the case demands, about the consent of the Presidency of this Court to formulate a request for entry into the case made by the Federative Republic of Brazil for the indicated purposes", says the AGU document sent to the STF.
In response to the AGU, the president of the STF asked for the appropriate measures to be adopted and saw the independence of the Brazilian judiciary being questioned. Fachin said that the process seeks decisions taken in the exercise of the role of magistrate and confirmed by a collegiate body of the STF.
"Thus, what is at stake, in addition to the individual figure of Minister of the STF, are the independence of the Brazilian Judiciary, the integrity of the Rule of Law in Brazil and, ultimately, national sovereignty itself. This is what is fully characterized", explained Fachin.
The president of the STF, then, stated that he considered it "opportune and necessary for the Attorney General's Office to take the appropriate measures to defend the Brazilian State in the context of actions filed in the United States of America".
Blocked accounts
Since 2020, minister Alexandre de Moraes ordered the blocking of at least 120 social media accounts on the grounds that they were attacking institutions or inciting a coup d'état.
The minister also ordered the blocking of social media platforms Rumble and X for failing to comply with court orders and not complying with legal requirements, such as appointing a legal representative in the country.
The STF states that all cases were monitored by the Attorney General's Office (PGR) and the defenses, with 70 appeals being judged collectively.
These orders to remove content on digital platforms were given in investigations investigating threats to the STF, undemocratic acts and also attempted coup d'état.
Most of the blocked accounts have already been reactivated by decisions of the STF.

Source: G1

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