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Justice Fux revoked ruling that determined Google Brazil to withdrawal publications in a blog


By ruling about the RCL 30105, the Justice found that the action of the Court of Appeals of Belém dealt with the decision of the Brazilian Federal Supreme Court (STF) in the Action against a Violation of a Constitutional Fundamental Right (ADPF) 130, when the Court was in favor of the protection of freedom of expression and, therefore, against censorship. According to Fux, the decision did not indicate which reports would have been abusive or how such abuse would have been carried out, merely prohibiting the transmission of content, on the basis of the assertion that they would be "journalistic pseudo-stories".

The Justice also stressed that the journalistic story in question refers to a public authority (prosecutor), subject to a higher level of exposure by the media and public opinion. In these cases, the rapporteur explained, a greater tolerance is required in matters of a potentially harmful nature to the honor of public officials, "especially when there is a public interest in the content of the reports and articles." According to the Justice, even in face of a matter of public interest, the decision questioned unduly privileged the restriction on freedom of expression, moving away from the understanding signed by the STF at the ADPF 130.

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