Amicus curiae against blockages

Amicus curiae petitions filled to the Federal Supreme Court to end blockings practices.


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Published in Portuguese

The blocking of applications and internet websites, such as the ones that happened against Uber, Secret, Youtube and Whatsapp, directly attack the network’s infrastructure. This practice brings a series of challenges, such as the loss of trust on Brazilian internet against other countries.

ITS Rio defends the principle of non-liability of the web. Direct government interferences on the infrastructural layer of the internet are typical in authoritarian countries and not in democratic ones. We understand that the interest in pursuing criminal investigations and the use of penal processing tools are legitimate, however the solution is not the intervention on this infrastructural layer.

In accordance with this positioning, ITS Rio has filled two amicus curiae petitions to end blockings practice at the Federal Supreme Court. On October 3rd 2016, the Institute was admitted as amicus curiae at the claim of non-compliance with fundamental precept 403, reported by minister Edson Fachin, and it was allowed to present information, written briefs and oral arguments before the final judgement of this claim.

Read the petition – Direct Inconstitutionality Action 5527

Read de petition – Claim of Non-compliance with Fundamental Precept 403

(Both documents are in Portuguese only)