Brazilian Supreme Court Orders Elon Musk To Appoint New Legal Representative For X Brasil

On August 28, 2024, the Brazilian Supreme Court mandated that Elon Musk appoint a new legal representative for X Brasil (formerly Twitter) within 24 hours, to be based in the country. If Musk fails to comply, X’s operations in Brazil will be immediately suspended until the court’s directives are met and daily fines are paid.

This order, issued by Minister Alexandre de Moraes, references Article 12, item III, of Law No. 12.965/14 as the legal foundation for the decision. The court’s communication emphasized that once the order is fulfilled, the Secretariat must promptly notify the Rapporteur.

This development occurs amidst escalating tensions between Musk and the Brazilian government over issues of censorship and free speech. Brazil’s attorney general, Jorge Messias, previously criticized the influence of foreign billionaires on social media, specifically targeting Musk, stating that “social peace is non-negotiable.”

Brazilian legal experts have raised concerns about the legality of Moraes’ approach, with constitutional lawyer and free speech expert Andre Marsiglia noting that such a summons should be conducted through proper international legal channels, including a letter rogatory.

The requirement for Musk to appoint a legal representative in Brazil is likely seen as a measure to ensure that X Brasil complies with local laws and regulations.