The biggest violation is of the freedom of expressions rights, which are in Article 5 Section 9:
> [introduction] Everyone is equal before the law, with no distinction whatsoever, guaranteeing to Brazilians and foreigners residing in the Country the inviolability of the rights to life, liberty, equality, security and property, on the following terms:
> expression of intellectual, artistic, scientific, and communication activity is free, independent of any censorship or license
Posting on Twitter is a communication activity and it is therefore permitted without any censorship, explicitly.
Look at Section 37:
> there shall be no exceptional courts or tribunals
In this case, the exceptional court is what Moraes implemented in 2022, basically as a secret court of one. He served on the Supreme Court but also as president of the electoral court. The proposal to give him unilateral censorship powers was proposed by him and approved by the electoral court, with the power being granted to him in the other court. It is a very convoluted legal maneuver to basically give himself powers that no executive or legislative authority gave him. Note that no laws are passed to perform this maneuver. And by issuing these orders in secret, as a Supreme Court justice, it makes the path to appeal difficult or impossible.
It was shortly after this move that the New York Times (and many others) called Moraes a threat to democracy:
> no one shall be deprived of liberty or property without due process of law
This one is obvious - a single judge issuing censorship orders with gag orders to prevent public visibility or challenge is a serious violation of due process.
Or section 57:
> no one shall be considered guilty until his criminal conviction has become final and non-appealable
The reason I mentioned this section is some are saying that the censorship orders will eventually be reviewed by the full court bench (rather than being issued in secret by one justice), and that the orders are valid until then. But that’s equivalent to considering someone guilty without criminal conviction.
There’s more than just these, if you look through the rest of it carefully. X’s official AlexandreFiles account (https://x.com/AlexandreFiles) is also posting the secret censorship orders they received along with side by side comparisons against Brazilian law.
