Big Techs: Alcolumbre takes legal action and considers suspending Lula's decrees

The president of the Senate, Davi Alcolumbre (União-AP), ordered the House's legal consultancy to analyze whether President Luiz Inácio Lula da Silva (PT) exceeded the prerogatives of the federal Executive by issuing two decrees that update the regulation of the Marco Civil da Internet.

"Decree is a prerogative, but when it goes beyond the prerogative, it is up to Congress to suspend the decree in its entirety or in part. So, they are studying here", said Senator Esperidião Amin (PP-SC).

One of the decrees establishes guidelines for the protection of women on the internet and for combating violence against women in the digital environment. The other imposes stricter rules for application providers, requiring a reporting channel, legal representative in Brazil and allowing the removal of criminal content without a court order.

In practice, the new rules imposed by the government increase the responsibility of digital platforms, the so-called big techs, in removing criminal content and require preventive actions against fraud and violence. Experts in digital law warn that the text contains vague concepts that open gaps for censorship.

Big tech decree: André Marsiglia sees risk of censorship in new rules | CNN PRIME TIME

Senator Magno Malta (PL-ES) presented two draft legislative decrees to try to overturn the measures adopted by the President of the Republic. According to him, the decrees restrict freedom of expression.

"As in Brazil there is no legal system, there is no respect, everyone writes what they want, the way they want, I say: the Executive and the Federal Supreme Court are the majority components of this consortium that orders and refuses, that does and undoes, and that does not respect the legal system", he declared.

The two presidential decrees also generated a reaction in the Chamber, where there are also initiatives in progress with the same content.

"I'm going to talk to the president [of the Chamber] Hugo Motta, because effectively a legislative decree project voted on in the Chamber must necessarily be voted on in the Senate. And, vice versa, a legislative decree project voted on in the Senate must necessarily be voted on in the Chamber", explained Alcolumbre.

Although it is a constitutional instrument, the legislative decree to overturn an Executive act is considered a rare measure that generates legal debates about the separation of Powers. Often the discussion ends up in the STF (Supreme Federal Court).

The most recent case involved the overturning of President Lula's decrees that increased the IOF (Financial Operations Tax), in June last year. The tax increase was announced as a way to reduce budget cuts.

Before that, a presidential decree had not been overturned since 1992, during the Fernando Collor government. On that occasion, Congress rejected a decree that changed the rules for the payment of court orders. The political environment was already turbulent and six months after the overthrow of the legislature, Collor's impeachment process began.

Analysis: Criticized by jurists, decree on big tech empowers Lula government | CNN PRIME TIME

Source: CNN