The president of the Senate, Rodrigo Pacheco (DEM-MG), returned to Planalto the Provisional Measure (MP) signed by Jair Bolsonaro (no party) that altered the Marco Civil da Internet. The information was confirmed by the analyst at CNN Thais Arbex.
Minutes after the decision, the minister of the Federal Supreme Court (STF) Rosa Weber also suspended the effectiveness of the MP, in response to the request of the Attorney General of the Republic Augusto Aras who recommended the suspension.
In the session this Tuesday (14), the Senate understood that MP 1.068/2021 does not respect the fundamental requirements provided for in the Constitution. With this, the rules established in the measure cease to apply.
Edited by Bolsonaro on the 6th, the measure prevents providers and social networks from taking down content that violates their rules, such as hate speech and spreading false news.
“Promoting changes in the Marco Civil generates considerable legal uncertainty for agents subject to it, as highlighted by various manifestations of civil society and the opinion of the OAB sent to this House, as well as the opinion of the PGR”, said Pacheco.
The Federal Government’s Special Secretariat for Communication (Secom) defended that the MP reinforces the rights and guarantees of network users, and combats the “arbitrary and unreasonable removal of accounts, profiles and content by providers”.
To the policy analyst at CNN Gustavo Uribe, there is concern at the Palácio do Planalto about the 2022 elections that led to the signing of the MP.
In addition, the MP was edited on the eve of the September 7th Pocketnarist acts. If approved, the MP from Bolsonaro could also keep content from bloggers and YouTubers affected by blocks on social networks.
Rosa Weber responds to request for suspension of the MP
On Monday (13), the Attorney General’s Office (PGR) recommended to the Supreme Court (STF) that Bolsonaro’s MP be suspended until there is judgment on the merits.
The Attorney General of the Republic, Augusto Aras, emphasized in the statement that there is a need for the topic to be widely discussed in the National Congress.
The trial would take place in the plenary, where Rosa Weber would be the rapporteur. However, after a decision in the Senate, the minister also suspended the effectiveness of the MP that changes the Marco Civil da Internet on Tuesday.
The minister also asked the president of the STF, Luiz Fux, to include the decision in an extraordinary virtual session.
Opposition parties and civil society organizations had already criticized and questioned the Bolsonaro government’s initiative last week, after the measure that changed the rules of the Marco Civil was enacted.
The opinions were delivered in the actions presented at the STF by six parties (PT, PSB, PSDB, Novo, PDT and Solidariedade) and by senator Alessandro Vieira (Cidadania-SE).
According to them, the MP was made without observing the constitutional requirements of “urgency and relevance” to change the Marco Civil da Internet.