PGR requests closure of fake news inquiry

The Prosecutor General of the Republic (PGR) on Monday sent the president of the Supremo Tribunal Federal (STF), Edson Fachin, a favorable opinion to the archival of the investigation of the fake news. The request applies to the main inquiry, called the "mother inquiry", number 4,781. The document is signed by the Attorney General of the Republic, Paulo Gonet, who states that the object of the investigation has been exhausted.

103 other proceedings were opened as a result of the main investigation, between petitions and preliminary investigations at different procedural stages. The investigation-derived procedures that are still underway should be followed for analysis on a case-by-case basis. Edson Fachin had already determined the archival of eight investigations linked to the investigation of the fake news. The other procedures should be considered individually. What has already been judged will not be changed.

Last step to close the case

This is one of the last steps for Fachin to close the investigation. He took over the process after withdrawing the report from Minister Alexandre de Moraes in September. At the time, in the midst of the crisis in the STF involving ministers Alexandre de Moraes and André Mendonça and the discussions on the investigations of the Master case, the president of STF decided to withdraw from Moraes the report of the investigation of the fake news.

From then on, investigations, petitions and other procedures that had not yet resulted in a complaint became dependent on a decision of the Presidency of the Court. Fachin also filed part of these procedures and referred the cases to the PGR. Now, Gonet has manifested himself by the definitive archiving of the main inquiry.

Seven-year investigation sparked controversy

Open for seven years to investigate attacks, threats and fake news against the STF and its ministers, the so-called fake news investigation has accumulated, over the years, decisions that have broadened the scope of the investigation and generated controversy inside and outside the Court. The investigation was opened in 2019 by the then president of STF, Dias Toffoli, and came under the rapporteurship of Alexandre de Moraes from the beginning.

Over the years, it has given rise to different investigations and measures, such as blocking accounts on social networks, searches and seizures and breaches of secrecy. In September, Fachin took over the report and said the change sought to establish "legal security" and "adequate institutional delimitation". Since before taking over the process, the current president of STF has already advocated the closure of the investigation.

Next steps in the Supreme

With the opinion of the PGR in hand, it is now up to Fachin to decide whether to abide by the closure of the main investigation. The decision is expected to be made in the coming days. The other derived procedures will continue to be dealt with individually, with analysis on a case-by-case basis by the Presidency of the Court.

The closure of the fake news investigation is awaited by lawyers and civil society, who have been following the case since its opening. The final decision will have an impact on ongoing investigations and on the understanding of STF about the limits of action in cases of disinformation.

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