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Suspended the decision that determined Google Brazil to withdrawal publications from a blog

The preliminary injunction deferred by Justice Luiz Fux, from the Brazilian Federal Supreme Court (STF), suspended the judgment of the Permanent Court of Belém (PA) that determined the withdrawal of news items from a blog hosted on the Google platform. The decision was taken in Complaint (RCL) 30105.

The judgment of the 2nd County of the Special Civil Court of Belém upheld a lawsuit filed by the then president of the Public Prosecution Association of the State of Pará (AMPEP) and determined to Google Brazil the withdrawal of six publications from the "Barata Blog". According to the file, the posts contained a critical opinion about AMPEP, which would be failing to defend one of its members, a prosecutor who would be politically pursued for having denounced the then Attorney General of Justice to the National Public Prosecutor's Council for unlawful waiver of public procurement bidding.

Decision

Justice Luiz Fux found that the contested decision prohibited the publication of the content because it was considered abusive and based on the assertion that it would be "pseudo-journalistic article, which reveals nothing more than the abuse of the right to ascribe offenses." Such an act, according to the rapporteur, disrespects the decision of the STF in the Action Against a Violation of a Constitutional Fundamental Right (ADPF) 130, as it departs from the parameters established by the Court to protect the constitutional right to freedom of expression.

The rapporteur also recalled that the Supreme Court has, in several judgments, reaffirmed the priority of the free and full manifestation of thought, of creation, of the press and of information. For Fux, the limitation of such constitutional freedom cannot occur simply on the plea that it is not "an absolute right" or because it could conflict with conflicting interests. "The proper measure, par excellence, for the repair of possible moral or material damages it's a posteriori, through indemnification or right of reply," he explained.

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