Senate legal counsel sees loophole for crimes on the networks, and Pacheco must return MP

After President Jair Bolsonaro (non-party) participated in acts with anti-democratic guidelines and threatened to fail to comply with decisions of the STF (Supreme Federal Court), the first effective response from Congress should come through the return to Planalto Palace of the provisional measure that limits the removal of content from social networks in the country.

THE CNN found that the president of the Senate, Rodrigo Pacheco (DEM-MG), has been instructed to reject the text this Thursday (9).

According to reports made to the CNN, the Senate’s legal team looked into the text that amends the Marco Civil da Internet this Tuesday, and the assessment is that Bolsonaro’s measure opens gaps for the practice of crimes on the networks.

THE CNN found that discussions on the proposal were held in meetings with the participation of Pacheco, the leader of the government in the Senate, Fernando Bezerra (MDB-PE), the secretary general of the Board, Gustavo Saboia, the legal director of the House, Alexandre Silveira , in addition to members of the Senate Advocacy team.

The group’s assessment, according to reports, is that the text edited by the President of the Republic creates a series of obstacles for platforms to sieve the published content.

In other words, in this scenario, the Senate’s legal understanding is that the way will be opened for content related, for example, to pedophilia, gambling and financial pyramid schemes to grow in the digital environment. E mais: a avaliação é a de que, na prática, a MP de Bolsonaro cria insegurança jurídica para empresas como Instagram, Twitter e Facebook.

The provisional measure was published on Monday (6), on the eve of the acts of September 7, marked, above all, by Bolsonaro’s attacks on the STF.

The edition of the measure was a nod by the president to his digital militancy. The changes, as disclosed by the Planalto’s Secretariat for Communication (Secom), were made by the president to avoid “arbitrary and unreasonable removal”.

According to the text published by Bolsonaro, social media platforms will be required to make public the criteria used to define which content will be removed. These rules have to be disclosed in a “clear and objective” way, according to the Secretary of Communication in the government.

Providers will also have to return to the user the content that he has published on the network, in case the profile is banned; and the social network will have to notify the user of the suspension, explaining the reasons and informing them of the possibility of appeal.