OAB asks Alexandre de Moraes to review the fine imposed on X users who use VPN

The OAB (Brazilian Bar Association) made a request to Minister Alexandre de Moraes on Saturday morning (31), asking him to reconsider his decision to fine X users who tried to access the platform using a VPN. The decision came after the suspension of the application in the country last Friday (30), after the platform failed to meet the 24-hour deadline to present a legal representative in the country. The block in the country came from a court order by Alexandre who made requests to regulate the operation of the social network in Brazil. The application is currently inactive.

What does the request say?

In a formal request signed by 32 lawyers, the OAB requested a review of the minister’s decision, claiming that it violated the principle of fundamental right to due process. In the text, they claimed: “The imposition of fines, in itself, constitutes a sanction and, therefore, must always be supported by a legal process that guarantees the individual the right to a full defense, to adversarial proceedings and to a full understanding of the motivation behind the conviction..” The order also stated that Moraes' decision is “generic and indeterminate” and that the imposition of a daily fine should be in accordance with the terms of the law. Also in the request, the Federal Council of the OAB highlighted that its order could impact thousands of people and that it does not constitute a legal process, for this reason users could not suffer sanctions or be punished without an ongoing legal process.

The social network X is blocked in the country and an alternative to access it would be through a VPN (Virtual Private Network), which is a virtual tool that allows a device to connect securely and with encryption to an internet network, allowing it to connect to networks in other countries, facilitating access to foreign websites and providing a data protection service, hiding your internet activity from third parties. The minister had determined a daily fine of R$50,000 for each user who tried to access the social network with a VPN network.

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^{User opens Elon Musk's profile on X, formerly Twitter (Photo: reproduction/Nathan Stirk/Getty Images Embed)}

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On the evening of last Friday (30), Minister Alexandre de Moraes ordered the suspension of X in the country, after the platform failed to comply with the determinations of a court order to designate a legal representative in the country. The suspension was declared after the platform failed to comply with the 24-hour deadline to comply with the minister's request.

OX, which is owned by Elon Musk, refused to comply with the order and called the ruling illegal and stated: “To our users in Brazil and around the world, X remains committed to protecting your freedom of expression..” Moraes reported that the suspension was made because the social network promoted hate speech and anti-democratic speech and that it could interfere in the 2024 municipal elections. He also stated that Elon Musk's refusal shows disrespect for Brazilian laws and could cause social harm, since the measures aim to maintain the integrity and security of the virtual space in Brazil.

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Featured photo: Alexandre de Moraes at the Supreme Court in Brasília (reproduction/Bloomberg/Getty Images Embed)