A Florida court granted, this Tuesday (23), authorization for the Brazilian government, represented by the AGU (Attorney General’s Office), to participate in the defense of the STF (Supreme Federal Court) minister Alexandre de Moraes. The action was filed by the Trump Media group and the Rumble platform.
In the same determination, the judge responsible for the case denied the request of companies linked to former president Donald Trump for the Brazilian magistrate to be tried in absentia, without his presence or formal defense.
The legal process questions the orders to block accounts on social networks made by Minister Alexandre de Moraes, arguing that such measures cannot be applied in North American territory.
The companies maintain that Moraes’ decisions violate the First Amendment of the US Constitution, which guarantees freedom of expression, in addition to disrespecting federal communications laws and the criteria for recognizing foreign judgments in the state of Florida.
Previously, the companies claimed that Moraes had been notified by email in May, through an alternative method approved by the court itself, and that the deadline for his manifestation had expired on June 15th without any response.
By accepting the participation of the Brazilian government in the process, the court validated the argument that the country is the “real interested party” in the judicial controversy. This recognition is fundamental, as it elevates the status of the defense, transforming the dispute from an individual issue to a dispute that involves the Brazilian State, implying the consideration of sovereign immunities and complexities of international law.
Consequently, the judge revoked a previous instruction that required the platforms to request a judgment in absentia against Moraes. It established that a new request can only be presented in the future, after the jurisdictional issues raised by Brazil have been resolved.
The Brazilian defense has already filed a motion with the aim of closing the case, but the North American court has postponed its final decision on whether to close the case.
The court set a 14-day deadline for Trump Media and Rumble to present a formal response to the arguments presented by the Brazilian government’s defense. This step is seen as crucial in determining the continuation of the action in the US courts.