Facebook can get off the air in Brazil, says prosecutor

MPF-AM obtained in the Federal Court R $ 38 million of the company for breach of court decision.
28/07/2016 06h31 - Updated 28/07/2016 16h00
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The Federal Public Ministry in the Amazon (MPF / AM) obtained, in Federal Court, blocking of R $ 38 millions of Facebook Online Services company in Brazil Ltda. by disobeying court decision that obliged to provide data records and breaking the confidentiality of messages exchanged by the WhatsApp application for research purposes. The blocked amount is the amount of individual fines of R $ 1 million stipulated for each day of non-compliance with the court decision.

The prosecutor of Alexander Jabur Republic, the requestor, It points out that the measure is an important tool to seek proper application of Brazilian law in cases involving application for access to data under the protection of foreign companies before resorting directly to the blocking of the service itself as an initial measure. "The stance of non-compliance to court orders clearly characterized as a threat to the dignity act of justice can, addition to the fine, become ordered the suspension of the company's services in Brazil ", he defended.

In the decision that blocked the company's assets, Justice refutes the arguments of Facebook Brazil that content related to users are under the responsibility of business operators in the United States and Ireland, requiring international cooperation procedure to comply with the decision. Following the positioning of the MPF / AM, the decision reinforces the prediction of the Civil Marco Internet (lei 12.965/14) applying Brazilian law even for companies based abroad, since the Facebook offering services to the Brazilian public and has establishment in Brazil.

For the MPF member in the Amazon, Facebook in Brazil, the administrator condition and country representative of the social network of the same name and Whatsapp application, It has demonstrated enormous disregard for Brazilian institutions, mainly Justice, prosecutors and police to not meet court orders that determine the provision of information. "By giving absolute protection to privacy, the company crosses the boundary, creating an enabling environment for communication between criminals, favoring those who commit serious crimes, as terrorism, seizure, drug trafficking etc. ", said Jabur.

Legal provision

The Civil Marco Internet, in Articles 10 e 11, It provides for exceptions to the protection of records and personal data and content of private communications over the Internet in the event of a court order, forcing the provider responsible for custody to provide the records requested to Justice. The law establishes a series of requirements to admit such request, the existence of strong evidence of the occurrence of crimes cleared, justification motivated the usefulness of records requested for research purposes and the period to which the records relate.

The fines is one of the measures provided for in the Civil Marco Internet. Before, the prosecution is a warning and attempt to get the data needed for research. If there is no agreement, is individual fine imposed. If the fine amount is accumulated and the company still does not work, the lock is asked of bills to pay fines. If none of these solve, Justice decides on the temporary suspension of service.

The investigation giving rise to the request for information and breach of confidentiality to Facebook Brazil and the process of execution of the fine proceed through under secrecy of justice.

Source: MPF-AM

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