Cármen Lúcia files journalist's action against Bolsonaro

Minister Cármen Lúcia, of Supremo Tribunal Federal (STF), filed the action in which a journalist asked for the unlocking on the profile of the former president Jair Bolsonaro on the social network X. The decision closes a process that has been dragging on since 2019 and rekindles the debate on the boundaries between the personal and institutional use of social networks by public agents.

In the magistrate’s view, when a public office holder uses his or her profile to disclose acts of government, the account becomes a public utility and cannot be treated as a strictly private space. The thesis, already defended by her in previous votes, was reaffirmed even with the filing of the case.

Understand the case of the blockade

In September 2019, the journalist had access to Bolsonaro’s profile blocked after responding to a publication by the then president about the burnings in the Amazon. At the time, he criticized the position of the federal government in relation to the environmental crisis.

The press professional maintained, in the action, that the account gathered millions of followers and functioned as an informal channel of the Presidency of the Republic. According to him, the blockade undermined his right to inform himself and to exercise the profession, since the profile was used for the disclosure of official acts.

The defense of the former president and the Advocacia-Geral da União (AGU) argued, on the other hand, that the profile had a personal character. For them, the authority, like any citizen, had the individual right to choose who could or could not interact with their posts.

Minister reaffirms democratic principles

For Cármen Lúcia, barring critics in profiles used for governmental purposes hurts fundamental democratic principles. “No one is the ruler of a Republic of himself. For ideological or political taste or disgust the citizen does not turn away from public debate,” the minister wrote in the decision.

The phrase sums up the understanding that in a democracy, the virtual space of a public agent cannot be used to silence divergent voices. Still, the minister opted for the archival of the process, without analyzing the merit of the issue in this specific case.

The source did not detail the procedural grounds that led to the archival, but the decision ends the proceedings without conviction or determination of unblocking.

The trial was suspended for years.

In 2020, Cármen Lúcia even voted in favor of the journalist to order the unblocking. However, the trial was suspended by a prominent request from Minister Nunes Marques, who led the discussion to the physical plenary of the Court.

The highlight was only cancelled on May 12, 2026, which allowed the resumption of the analysis of the process. With the subsequent filing, the action did not reach a definitive judgment by the plenary of STF.

The delay of more than six years between the blocking and the outcome of the case shows how the discussion about social networks and public agents still lacks a clear definition in the Brazilian judiciary.

Impact on the public debate

The decision of Carmen Lúcia, even without judging the merit, reinforces the thesis that profiles used for acts of government are not purely private spaces. This can influence similar cases in the country, involving mayors, governors and other authorities.

For the ordinary citizen, the case serves as a warning: blocking critics in official or semi-official accounts can be seen as a violation of the right to participate in public debate. Still, the absence of a merit decision leaves room for divergent interpretations.

The Boca no Trombone Portal will continue to follow the developments of this theme and other decisions of the STF that affect the lives of Brazilians.

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