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Judge closes investigation against Elon Musk for suspended X accounts in Brazil

Supreme Court Magistrate Alexandre de Moraes had opened an investigation in 2024 against the entrepreneur "for obstruction of justice" and other crimes, amid an extensive tug-of-war between the Brazilian judiciary and X over freedom of expression and regulation of digital platforms.

Illustration of Elon Musk and his X account, formerly Twitter.

Illustration of Elon Musk and his X account, formerly Twitter.ZUMAPRESS.com / Cordon Press.

Diane Hernández
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Brazilian judge ordered Tuesday to shelve an investigation against Elon Musk for allegedly using his X platform to breach court orders and tempt against public institutions.

Supreme Court Justice Alexandre de Moraes had opened an investigation in 2024 against the businessman "for obstruction of justice" and other crimes, amid a lengthy battle between the Brazilian justice system and X on freedom of expression and regulation of digital platforms.

According to police reports cited by the court, figures linked to former president Jair Bolsonaro operated a "digital militia" by getting their X accounts, despite being blocked, to spread "false information" and whip up political polarization, AFP referred.

"Operational failures" that were remedied

Prosecutors requested to file the case after finding no evidence of "disobedience" on the part of the platform, but only "operational failures" that were remedied.

Moraes conceded.

"No evidence was gathered to support the initial thesis of malicious use of the social network X to tempt against the authority of the Brazilian Judiciary," said the magistrate, according to the ruling obtained by AFP.

Moraes: central figure in judicial decisions on the regulation of social networks

Moraes has been a central figure in judicial decisions on social network regulation in Brazil, including the temporary blocking of X in 2024, and in the trial that sentenced Bolsonaro to 27 years in prison for coup-plotting.

Those actions earned him U.S. sanctions last July, imposed by the administration of President Donald Trump, who called the trial against his ally Bolsonaro a "witch hunt."

The measures were lifted in December, following efforts by the government of leftist Luiz Inácio Lula da Silva to recompose diplomatic ties between Brasilia and Washington.

Other scandals that splash the magistrate

The magistrate has recently been splashed by a financial scandal shaking power circles in Brazil. An investigation into irregularities in the insolvency of Master bank found alleged extortion networks and suspicious connections with politics and justice.

According to local media, Moraes exchanged messages with the bank's owner, businessman Daniel Vorcaro, a few hours before his arrest in November. The judge denied in a statement having entered into contact with the banker.

The law firm of Moraes' wife had a million-dollar contract with that entity.
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