#VAMPETAÇO NELE PORRA

[blueteehood]

Ok. So. Muskrat (aka Elon Musk) decided it was a normal and reasonable idea to pick a fight with one of the Brazilian Supreme Court’s Ministers. Allow me to explain it.

Context is essential here. Alexandre de Moraes* is the minister responsible for 2 ongoing extremely high profile cases against Brazilian democracy: the domestic terrorist attack in Brasilia in January 8th (yes, our own version of January 6th) and another one that investigates digital militias that are being accused of spread misinformation, hate speech and trying to diminish the legitimacy of our electoral process**.

During the course of those investigations (that have been going on for a few years) de Moraes has determined the suspension of social media accounts of some of the people being investigated. Among that, people who have claimed that ‘maybe nazism was fine, actually’ and a lot of other shit. And because of that, Muskarat is accusing the minister (and by extension, our Supreme Court) of censorship and attempting against Brazilian democracy. Because obviously he knows more about Brazilian Law than us mere Brazilians. 

Well, can de Moraes do that? Yes. Yes he can. Free speech is a constitutional right (art. 5º, IV) (unless you hide behind anonymity), but you know what else is determined by our constitution? That ANY attack to our fundamental rights or freedom is to be punished by law (art. 5º XLI) AND racism is a non-bailable and imprescriptible crime (art. 5º XLII). So no, YOU CANNOT say racist shit or things that go against Brazilian democracy, because the right to free speech is not an absolute right, there are plenty of exceptions to it (in the same article where it’s established, even). 

I guess it's kind of obvious, but let me make it clear: Elon Musk, famous for saying things that would be considered a CRIME according to Brazilian Law, is accusing our Supreme Court of “censoring” people that are being investigate exactly for using social media to commit crimes. 

I could go on a wild tangent here about how our Constitution is, notably and  historically, a product of our civil rights movement post 40 years of dictatorship, or how Brazilian Justice System is based on Civil Law while the American System is Common Law and there are fundamental differences on how they both work, or or I could go on a whole spiel about the social and political and ethical implications of some guy deciding he could wildly and publicly speculate about the works of a democratic country as if we didn’t have, you know, SOVEREIGNTY, but you know what? Fuck him. Brazil is not your goddamn back yard, Muskarat. We can take care of our own problems, fuck you very much. 

* There is a lot of shit going on in our Supreme Court, and I’m not here to defend Alexandre de Moraes from criticism.  Just, ya know, stating the obvious.

** Brazilians are very proud of the safety and speed of our electoral process