STF archives five investigations from fake news inquiry due to lack of evidence
Minister Edson Fachin closed five investigations linked to Inquiry 4781 at the request of the Attorney General's Office, due to absence of evidence or statute of limitations. Among those investigated are a former minister and a state deputy.
Fachin closes five fronts of fake news inquiry due to lack of evidence or statute of limitations
The president of the Supreme Federal Court (STF), Minister Edson Fachin, ordered the archiving of five investigations linked to Inquiry 4781, known as the fake news inquiry. According to noticias.stf.jus.br, the decisions respond to submissions from the Attorney General's Office (PGR), which pointed out the unfeasibility of proceeding due to absence of evidence or statute of limitations on the offences.
The closed proceedings involve the president of the Labour Cause Party (PCO), Rui Costa Pimenta; former Tourism Minister Gilson Machado; state deputy from Santa Catarina Alex Brasil; and Flávia Cordeiro Magalhães. A fifth investigation, relating to publications in a Telegram group, was also archived.
Statute of limitations closes PCO case
The investigation against Rui Costa Pimenta dealt with publications offensive to the STF on the PCO's social media accounts in June 2022. The crime attributed — incitement, provided for in article 286 of the Penal Code — carries a maximum penalty of six months. With the passage of three years without interrupting causes, Fachin declared extinct the criminal liability of the party leader.
Telegram lacking technical means to identify authors
The procedure relating to the Telegram group investigated publications with apologies for racism against Jews and threats against the lives of STF ministers. Archiving was ordered after the platform reported the technical impossibility of identifying creators or administrators of the channel without the telephone number for consultation, exhausting the available investigative lines.
Fragile evidence and lacking connection with organised schemes
In the case of Flávia Cordeiro Magalhães, investigated for publications on the internet, the PGR pointed out fragility of the evidence and absence of connection with organised groups or schemes for financing disinformation. Fachin's decision revoked the preventive detention order and the migration restrictions imposed on the investigated party.
Former minister Gilson Machado: mobile phones and firearm returned
The investigation into Gilson Machado examined his conduct with the Consulate of Portugal in Recife, in an alleged attempted issuance of a passport for Lieutenant-Colonel Mauro César Barbosa Cid. After statements and expert analysis, the minister concluded for the absence of minimum elements of authorship and materiality and ordered archiving, with return of mobile phones and a firearm seized, conditional on the regularity of registration.
Deputy Alex Brasil: social media accounts unblocked
The case of state deputy Alex Brasil involved the sharing of content about secrecy of the ballot in the 2022 elections. Finding that the same facts had already been the subject of investigation and final archiving in another proceeding, Fachin accepted the request of the Federal Public Prosecution Service and closed the case, also ordering the unblocking of the parliamentarian's accounts on various social media platforms.
In four of the archived proceedings, the minister reserved the possibility of reopening the investigations should new evidence emerge, as provided for in the Code of Criminal Procedure. It was also ordered that the secrecy of the decisions and corresponding records be lifted.
Source: Google News BR — Crime