Just lifting this entire translated story from https://crusoe.com.br/diario/deltan-sobre-desbloqueio-de-contas-de-monark-moraes-esta-com-medo/
Deltan on unlocking Monark accounts: “Is Moraes afraid?”
Former prosecutor claims that influencer was not reported by the PGR and that unblocking of accounts may be related to the visit of the IACHR rapporteur to Brazil
4 minutes read07.02.2025 16:51 comments 1
Deltan Dallagnol, member of the Novo party, former Lava Jato prosecutor and former federal deputy, published this Friday, 7, an analysis on the decision of STF minister Alexandre de Moraes (photo) to unblock the profiles of influencer Monark .
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Deltan’s first point is in relation to the fact that Moraes, to block Monark’s profiles, based himself on information from the Special Advisory Office for Combating Disinformation (AEED), of the Superior Electoral Court, TSE.
Last year, AEED was the subject of a series of reports in the newspaper Folha de S. Paulo , which revealed how Moraes’ aides asked TSE employees to look for evidence in social media profiles.
” There is already an illegality here, as the AEED does not have legal legitimacy to petition the STF . Moraes used the AEED as a tool to use it as a kind of personal PGR against his adversaries ,” writes Deltan.
No crimes
Deltan also points out the fact that, in Moraes’ decision that ordered the blocking of Monark’s accounts, the STF minister did not cite a single article of law, nor did he indicate which crimes had been committed.
” Instead, (Moraes) claims that the measures are necessary because Monark would have spread ‘fake news about the integrity of electoral institutions’. However, spreading fake news or disinformation is not a crime in Brazil . There is not even a definition or legal concept for these terms in Brazilian legislation ,” writes Deltan.
Internet Civil Rights Framework
The blocking of Monark’s accounts was also illegal, because the Marco Civil da Internet does not authorize the removal of entire profiles , but only problematic content.
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” Moraes ordered the blocking of all Monark accounts, which is illegal. Brazilian law does not authorize the blocking of entire accounts, only of posts considered illegal, precisely to preserve freedom of expression and prevent censorship ,” writes Deltan.
Financial impact
Moraes’ decision, in addition to affecting freedom of expression, also sought to affect him financially, eliminating his means of subsistence.
” By taking down all the accounts of Monark, a YouTuber and influencer, Moraes promoted the assassination of Monark’s digital persona, who lost his livelihood and subsistence, being practically obliterated from the networks for more than a year. This constitutes a violation of the constitutional right to work and the legal prohibition of seizure of work instruments “, writes Deltan.
No complaint
For almost two years, Monark’s accounts were suspended. But at no time did the Attorney General’s Office report him.
The reason, according to Deltan, is that there was no crime whatsoever, nor any evidence.
” Since August 2023 until now, Monark has not been reported by the PGR, the holder of the criminal action in the STF, which proves not only that Monark did not commit crimes, but also that there is no evidence against him. If there was, the PGR would have already reported him “, says Deltan.
The former prosecutor also recalls that Monark does not have privileged jurisdiction .
Therefore, there is no reason for your case to have been heard in the Supreme Federal Court .
Political persecution
In his publication on the X network, Deltan concludes that the censorship of Monark was political persecution.
” We therefore have the situation of a Brazilian citizen being censored, silenced, fined and punished for something that is not a crime, subjected to several precautionary measures without ever having been reported. This is evidence of political persecution, in addition to the illegality of the measures imposed against him . The fact that the investigation is still ongoing without a report for all this time already constitutes an illegal constraint, since an investigation must result in a report or be archived ,” writes Deltan.
Inter-American Commission on Human Rights
Finally, Deltan speculates that Moraes’ setback with Monark is related to the arrival in Brazil next week of the rapporteur for freedom of expression of the Inter-American Commission on Human Rights, Pedro Vaca Villarreal.
” Interestingly, Moraes ordered the unblocking of Monark’s networks shortly before the visit to Brazil of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights, which will take place between February 9 and 14. The rapporteur, Pedro Vaca Villarreal, will come to Brazil after several complaints made by the right about Moraes’ abuses and after Trump’s inauguration in the US, which started a war against censorship ,” says Deltan.
” Is Moraes afraid? “, asks the former prosecutor.
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