I’ve mentioned the HN guidelines to you before, as this type of aggression is not ideal for this space. I understand you are very invested in this story - many people are, myself included. But this type of comment is not appropriate for Hacker News.
> The court will judge the matter collectively in due time in accordance with Brazilian due process, but judges have the power to decide matters immediately when needed before waiting for the court.
I am not familiar with what you’re claiming here about the matter being judged collectively in due time with Brazilian due process - care to share a source?
I do think though that you aren’t quite responding to the point the GP comment made: First, X has nowhere to appeal to because the Supreme Court has refused to hear their appeals so far, which is something X has stated publicly. And of course, the person issuing these secret censorship orders is a member of the Brazilian Supreme Court, so there is also the conflict of interest. There may be no way to eliminate conflict of interest at this highest level court since other justices may feel intimidated by Alexandre de Moraes’s power, or they may simply be on his side as professional friends.
> Mr. Moraes has jailed five people without a trial for posts on social media that he said attacked Brazil’s institutions. He has also ordered social networks to remove thousands of posts and videos with little room for appeal.
Second, the GP comment made the point that the judiciary was functioning as the executive and legislative branches. They are correct about that, since no new legislation was passed to give Alexandre de Moraes this power. He effectively gave himself this power from the electoral court he was president of, by proposing to the court that he be granted these unilateral powers. That happened in 2022, and was flagged by journalists and legal experts as a threat to democracy at the time.
> I am not familiar with what you’re claiming here about the matter being judged collectively in due time with Brazilian due process - care to share a source?
These aren't "secret censorship orders". They are a matter of public record.
Also they are perfectly legal. Brazil has a modern "Internet Law" which in its Section III, Article 19 states:
"Art. 19. In order to ensure freedom of expression and prevent censorship, the provider of internet applications can only be subject to civil liability for damages resulting from content generated by third parties if, after an specific court order, it does not take any steps to, within the framework of their service and within the time stated in the order, make unavailable the content that was identified as being unlawful, unless otherwise provided by law."
I’ve mentioned the HN guidelines to you before, as this type of aggression is not ideal for this space. I understand you are very invested in this story - many people are, myself included. But this type of comment is not appropriate for Hacker News.
https://news.ycombinator.com/newsguidelines.html
> The court will judge the matter collectively in due time in accordance with Brazilian due process, but judges have the power to decide matters immediately when needed before waiting for the court.
I am not familiar with what you’re claiming here about the matter being judged collectively in due time with Brazilian due process - care to share a source?
I do think though that you aren’t quite responding to the point the GP comment made: First, X has nowhere to appeal to because the Supreme Court has refused to hear their appeals so far, which is something X has stated publicly. And of course, the person issuing these secret censorship orders is a member of the Brazilian Supreme Court, so there is also the conflict of interest. There may be no way to eliminate conflict of interest at this highest level court since other justices may feel intimidated by Alexandre de Moraes’s power, or they may simply be on his side as professional friends.
Also, this isn’t just my opinion. Many articles about Alexandre de Moraes mention the lack of paths for appeal. For example the New York Times (https://www.nytimes.com/2022/09/26/world/americas/bolsonaro-...) said:
> Mr. Moraes has jailed five people without a trial for posts on social media that he said attacked Brazil’s institutions. He has also ordered social networks to remove thousands of posts and videos with little room for appeal.
Second, the GP comment made the point that the judiciary was functioning as the executive and legislative branches. They are correct about that, since no new legislation was passed to give Alexandre de Moraes this power. He effectively gave himself this power from the electoral court he was president of, by proposing to the court that he be granted these unilateral powers. That happened in 2022, and was flagged by journalists and legal experts as a threat to democracy at the time.