End of the fake news inquiry does not nullify Moraes's actions
Edson Fachin left open the evaluation of Alexandre de Moraes's measures which, in the view of many investigated individuals, could constitute abuses.
TL;DR
- Justice Edson Fachin archived the 'fake news' inquiry, leaving open the evaluation of Justice Alexandre de Moraes's actions.
- The inquiry, initiated in 2019, was criticized for its extended duration, expanding scope, and the creation of 104 autonomous procedures.
- Fachin's decision does not automatically invalidate evidence collected by Moraes but allows for review of potential procedural abuses.
- Several specific investigations under the umbrella of the 'fake news' inquiry were previously archived by Fachin due to insufficient evidence.
- The archiving removes Moraes's power to initiate new investigations under this inquiry, with ongoing cases subject to reassessment for proper jurisdiction and justification.
- The lifting of the investigation's secrecy is pending the separation of sensitive personal data, with transparency being a key demand from oversight organizations.
- Legal experts suggest that while investigations may continue if they have a clear purpose and legal basis, those lacking independent justification should be closed.
- Concerns have been raised about potential abuses of authority, including psychological pressure and premature punishment for the investigated.
- The OAB (Brazilian Bar Association) celebrated the end of the inquiry, calling for similar procedures not to be re-established.