Supreme Court suspends decision of the Court of Rio that blocked WhatsAppSupreme Court President, Ricardo Lewandowski, analyzed PPS party action. For him, decision to block the application is disproportionate measure.
The President of the Supreme Court, Minister Ricardo Lewandowski, He decided on the afternoon of Tuesday (19) overturn the decision of the Court of Rio de Janeiro that kept locked application from 14h.
in the decision, of preliminary basis (provisional), Lewandowski analyzed lawsuit filed by the PPS (Socialist People's Party), which appealed to the Supreme to be immediately suspended the court order of the 2nd Criminal Court of Duque de Caxias County, from Rio de Janeiro.
in action, the party argues that the decision hurts the freedom of expression and the manifestation of freedom.
on Tuesday, telephone companies received a notification to block the application after Facebook, company that owns the WhatsApp, refusing to comply with a court decision and provide information to a police investigation.
To the Chief, the blockade was a disproportionate measure because WhatsApp is used comprehensively, including subpoenas, and injures legal certainty.
JUSTICE x WhatsApp
See cases where app was blocked
1th block: 25/2/15
2th block: 16/12/15
3th block: 2/5/16
4th block: 19/7/16
According to Judge Daniela Barbosa, Justice of Rio, or Facebook, company that owns the WhatsApp, It was notified three times to intercept messages that would be used in a police investigation in Caxias, Baixada Fluminense.
The judge added that the company responded by email, with questions in English, “as if this was the official language of this country” and treated the Brazil “as a banana republic”. The Whatsapp says not comply with the decision “due to technical”.
According to the Decision, what is required is “the encryption key disablement, by intercepting the data stream, with the deviation in real time in one of the ways suggested by MP, in addition to the routing of messages already received by the user (…) before implemented encryption.”
The previous lock Whatsapp was in May 2016. Another blockade was in December 2015, when the Justice of São Paulo ordered the company prevented the connection by 48 hours in retaliation for WhatsApp has refused to cooperate with a criminal investigation. The application was inaccessible by 12 hours and returned to work.