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Supreme Court Justice Alexandre de Moraes Orders Inquiry Closed

Brazil’s Supreme Federal Court has officially closed a two-year investigation that scrutinized social media platform X and its owner, Elon Musk. The inquiry, initiated to determine if X was used to orchestrate attacks against members of the judiciary, concluded without finding evidence of deliberate obstruction or criminal intent.

Prosecutor-General’s Recommendation Leads to Closure

The decision to close the investigation was formally issued by Supreme Court Justice Alexandre de Moraes, following a recommendation from Brazil’s Prosecutor-General Paulo Gonet. This move marks a significant development in the ongoing dialogue surrounding social media regulation and platform accountability in Brazil.

Federal Police Find No Evidence of Deliberate Attacks

An investigation conducted by the Federal Police reportedly found no evidence that X deliberately attempted to undermine the judiciary or circumvent court orders. This finding was a key factor in the Prosecutor-General’s recommendation to close the case.

No Indication of Fraudulent Intent Identified

Prosecutor-General Paulo Gonet concluded that the irregularities observed during the probe did not amount to fraudulent intent by the platform. Based on this assessment, Justice Moraes accepted the recommendation, ruling that the investigation should be permanently closed unless new evidence comes to light.

Inquiry Stemmed from Concerns Over Online Attacks and Violations

The original inquiry was prompted by concerns that content disseminated on X might have facilitated online assaults targeting Supreme Court justices. There were also concerns about potential violations of rulings that had mandated the suspension of specific accounts under judicial investigation.

Justice Moraes’ Previous Enforcement Actions

During the broader dispute over social media regulation in Brazil, Justice Moraes had previously implemented several enforcement measures. These actions included a nationwide directive to block the X platform, freezing of Starlink accounts, and the imposition of fines totaling approximately $5.2 million on X.

Financial Penalties and Asset Freezes

Authorities also took steps to freeze financial assets associated with X and SpaceX through Starlink, aimed at collecting unpaid penalties. Approximately $3.3 million was seized from the companies’ accounts as part of these efforts. Furthermore, daily fines of up to R$5 million (about $920,000) were imposed for alleged evasion of the X ban.

Penalties for VPN Usage

To address attempts to bypass restrictions, daily penalties of R$50,000 were established for users employing VPNs to circumvent the X ban. These measures underscored the Brazilian judiciary’s firm stance on platform compliance.

X and Starlink’s Significant Presence in Brazil

Brazil represents a crucial market for X, boasting approximately 17 million users, making it one of the platform’s largest user bases globally. Similarly, the country is a major market for Starlink, SpaceX’s satellite internet service, which has now surpassed one million subscribers in Brazil.

The closure of this investigation signals a potential de-escalation of judicial actions against X in Brazil, though the platform continues to operate under the country’s evolving digital regulations.

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