Planalto plans action against opposition to maintain decrees on big techs

The government of President Luiz Inácio Lula da Silva (PT) has drawn up an action plan to prevent the two decrees that establish new rules for the operation of digital platforms, the so-called big techs, in Brazil from being overturned.

According to CNN, at least two secretariats - the Secretariat of Digital Policies, of Secom (Secretariat of Social Communication), and the Secretariat of Institutional Relations - have been monitoring the opposition's actions against the Executive's acts in the National Congress and are already articulating ways to avoid the overturning of the texts.

The Executive also relies on the work of government leaders in Congress. The main articulator of this topic has been congressman Paulo Pimenta (PT-RS).

The plan provides for the discourse that Lula's decrees have legitimacy and determine specific rules based on existing legislation, respecting the role of the National Congress.

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.

Opposition aims to overturn decrees
Opposition congressmen filed at least 24 PDLs (Proposed Law Decree) to try to overturn the two decrees signed by Lula.

On Thursday (28), the president of the Senate, Davi Alcolumbre (União-AP), ordered the House's legal consultancy to analyze whether President Lula exceeded the constitutional limits of regulatory power by creating new obligations for technology companies without approval from the Legislature.

Although it is a constitutional instrument, the overturning of Executive acts is considered a rare measure and one 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.

Big techs: Alcolumbre considers suspending Lula's decrees | H TIME

Source: CNN