Parliamentary activity on a social network is unofficial. Therefore, there is no writ of mandamus against acts related to this. With this understanding, Minister Kassio Nunes Marques, of the Federal Supreme Court, denied MS from political commentator Caio de Arruda Miranda, who presents himself with the stage name of Caio Coppola, to oblige the president of the Senate, Rodrigo Pacheco (DEM-MG) , to unlock it on their Facebook, Twitter and Instagram profiles. The decision is for September 2nd.
Coppola argued that the fact of being blocked on the senator’s social networks affects his work as a political commentator and violates article 37, caput, of the Federal Constitution (“the direct and indirect public administration of any of the Federal, State, District Powers Federal and the municipalities will obey the principles of legality, impersonality, morality, publicity and efficiency”). Furthermore, it disrespects access to information, the right to freedom of expression and expression, and the free exercise of the profession of journalism.
In his decision, Nunes Marques pointed out that the fact that Pacheco has made his social media accounts private is not an administrative act in the exercise of his duties, as it has no official character.
For the minister, politicians can use their social networks to provide information on matters related to the performance of their public function. However, they do not replace information published in official channels.
Thus, as Coppola’s blocking on Pacheco’s social networks is not an administrative act, with decision-making burden, practiced by an authority in the exercise of its attributions, it cannot be challenged by a writ of mandamus, pursuant to article 5, LXIX, of the Constitution, the article 1 of Law 12.016/2009, and precedent of the STF (Embargoes for Clarification in the Regimental Appeal in Writ of Mandamus 36,364), declared Nunes Marques.
He also highlighted that there was no violation of Coppola’s press freedom, as there are official means of finding out about the actions taken by the president of the Senate, such as the Casa’s website.
“The right to information has not been harmed. The petitioner, by postulating that the accounts of the private social networks of the president of the Federal Senate, senator Rodrigo Pacheco, be open to everyone, seems to confuse those private with the official and institutional ones. It is not possible to request the opening of the accounts of the president of the Federal Senate on social networks, making them ‘public and unrestricted’, in relation to people other than the petitioner himself, as he is pleading for someone else’s right in his own name, which is inadmissible”, he pointed out the minister, citing decisions of the Supreme in the Agravo Regimental in MS 36.994 and in the second Aggravo Regimental in MS 33.232.
Nunes Marques also pointed out that Pacheco explained that he had blocked Coppola for security reasons, since he found “atypical movements on the platforms, embodied in extraordinary and non-spontaneous adhesion of followers, indicating the use of robots or other technologies”.
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