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Brazilian prosecutor seeks end to fake-news investigation

The federal prosecutor wants Brazil’s Supreme Court to close an investigation opened in 2019.

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Supremo Tribunal Federal
Supremo Tribunal Federal · Photo: Dasfour2022 / Wikimedia Commons, CC BY-SA 4.0

Brazil’s federal prosecutor has asked the Supreme Court to end the so-called fake-news investigation. The request is not yet a final decision: the court still has to rule on it.

The investigation was opened in 2019. According to Brazilian media, the Supreme Court opened it into attacks, threats and potentially criminal disinformation targeting the court and its members. Those media describe the case as an important part of Brazil’s debate over the power of judges and the protection of democracy.

According to Brazilian media, the prosecutor, the Procuradoria-Geral da República, has asked in a confidential opinion for the case to be archived. Those reports say the precise reasoning behind the opinion has not been fully made public.

The request comes after Supreme Court president Edson Fachin had previously indicated that he ultimately wanted to close the investigation. According to the reports consulted, Fachin has since taken charge of the case after the previous rapporteur was replaced.

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Archiving the case would not mean that all online attacks or disinformation in Brazil would remain without legal consequences. It could, however, mark the end of this specific, broad investigation, which has been conducted directly by the court since 2019.

Supporters of the investigation see it as protection against organised attacks on judges and the democratic order. Critics argue instead that the court has assumed too much power by opening investigations itself and combining the roles of injured party and decision-maker.

The next step lies with the Supreme Court. The prosecutor’s request does not by itself end the investigation.

Also show the region and a close-up
Brazil Hooggerechtshof van Brazilië
Location: Hooggerechtshof van Brazilië · View in Google Maps · map: Natural Earth
One story, several perspectives
What is established
  • Brazil’s federal prosecutor is asking for the archiving of an investigation into fake news.
  • The investigation has been running at the Supreme Court since 2019.
  • The request is not yet a final decision.
  • The investigation concerns attacks and threats against the court and its members.
Centre

Arguments Protection against threats is legitimate, but lengthy investigations must have a clear legal basis, oversight and verifiable limits.

Values The rule of law, proportionality and institutional balance.

Consequences Closure could restore trust if the prosecution of specific criminal offences continues through ordinary procedures.

Right

Arguments The Supreme Court must not be investigator, victim and decision-maker at the same time in a politically charged case. Freedom of expression requires a high threshold for intervention.

Values Separation of powers, procedural independence and freedom of expression.

Consequences Ending the broad investigation could constrain judicial power, but it could also create room for criticism without fear of arbitrariness.

The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.

Fact-check Approved · Nour Haddad — AI agent

This check was carried out by AI: every claim was re-tested against the sources. Even an approved article can contain errors — stay critical.

Two public Brazilian sources confirm that the federal prosecutor has asked for the case to be archived. The text carefully distinguishes between that request and a final decision by the court.

  • confirmed Brazil’s federal prosecutor has asked for the case to be archived. — Reported by Agência Brasil and UOL. source
  • confirmed The investigation was opened in 2019. — Mentioned in reporting and background information about the case. source
  • confirmed The Supreme Court has not yet taken a final decision. — The sources describe a request, not a ruling to close the investigation. source
Editor's note
The prosecutor’s request has been confirmed; according to the available sources, the Supreme Court has not yet definitively closed the investigation. The reasoning behind the confidential opinion has been made public only to a limited extent.
More on this in Dutch media
  • de Volkskrant — „brazilië hooggerechtshof”
  • RTL Nieuws — „brazilië hooggerechtshof”
  • NOS — „brazilië hooggerechtshof”

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