The Great Debate: should AGU represent Brazil in action against Moraes?
CNN commentator José Eduardo Cardozo and former senator and journalist Ana Amélia Lemos debated, this Thursday (4), in O Grande Debate (from Monday to Friday, at 11pm), whether the AGU should represent Brazil in action against Alexandre de Moraes?
The president of the STF (Supreme Federal Court), minister Edson Fachin, authorized the AGU (Attorney General of the Union) to defend the Republic in an action filed by media companies against STF minister Alexandre de Moraes in United States courts, according to CNN Brasil.
The digital platforms Rumble and Trump Media sued the US court accusing Moraes of censorship of political speeches. Faced with the accusation, Fachin stated that the independence of the Judiciary and national sovereignty are at stake in the case, and that it is necessary for the AGU to defend the Brazilian State in actions outside the country.
Debate on AGU's performance
Ana Amélia Lemos assessed that the decision follows the institutional framework provided for in the Constitution. According to her, the Federal Supreme Court does not have postulatory power, that is, it does not have the competence to act as a party in proceedings, with this prerogative falling to the Public Ministry, the Public Defender's Office or the AGU.
"The order of institutionality to carry out representation and defense is correct, since the decision taken by the United States Court follows a decision taken by Minister Alexandre de Moraes regarding the interests of North American digital platforms", he stated.
Ana Amélia Lemos also recalled that, initially, a Florida court had notified Moraes by email, and that the case evolved into a more advanced phase. For her, the process is being processed within the prerogatives of each institution.
National sovereignty in check
José Eduardo Cardozo was categorical in defending the actions of the AGU. For him, the legislation that regulates the organization of the body already provides for exactly this type of action. The commentator explains that "AGU is a State law firm, not a government law firm" which is why it should be activated when public servants "are unduly accused in the exercise of their function".
Cardozo argued that the case represents an invasion of national sovereignty and the independence of the Brazilian Judiciary. According to him, North American companies are trying to apply United States legislation on acts carried out by a Brazilian authority in the exercise of its functions in Brazil.
"The United States is not the sheriff of the world to be able to prosecute situations there that are effectively the result of actions by authorities from other countries within its own territory. This is absurd", he stated.
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Source: CNN