Photo Credit: Senado Federal
By Alexander Barroso
The latest ruling by Justice Alexandre de Moraes of the Federal Supreme Court (STF) has reignited a heated debate about the limits of freedom of expression and the role of justice in Brazilian democracy. On the 21st, Moraes ruled that former President Jair Bolsonaro is prohibited from giving interviews that could be shared on social media—a measure that adds to other restrictions already imposed, such as the mandatory use of electronic ankle bracelets and the ban on personal use of digital platforms.
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Criticism from liberal and progressive voices
The controversy transcended borders. International legal scholars such as Jeff Kosseff and Jacob Mchangama, both defenders of freedom of expression, published the article “Mill Rolls in His Grave,” in which they harshly criticize the concentration of power in Moraes’ hands. They believe the decision undermines political pluralism and sets a worrying precedent for democracy.
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Jacob Mchangama is the Founder and Executive Director of The Future of Free Speech. He is also a research professor at Vanderbilt University and a Senior Fellow at The Foundation for Individual Rights and Expression (FIRE).
Jeff Kosseff is a Non-Resident Senior Fellow for The Future of Free Speech. He writes about online speech, the First Amendment, and Section 230 of the Communications Decency Act.