The government of President Luiz Inácio Lula da Silva (PT) intensified its political efforts to prevent the decrees establishing new rules for the operation of digital platforms in Brazil be overturned by the National Congress. This move comes amid growing opposition initiatives seeking to annul the acts signed by the Executive branch and reignites the debate about the limits of the regulatory power of the Presidency of the Republic.
According to information gathered by the CNN BrazilAt least two strategic areas of the government have begun closely monitoring the progress of proposals submitted by parliamentarians opposed to the decrees. The Secretariat of Digital Policies, linked to the Secretariat of Social Communication of the Presidency (Secom), and the Secretariat of Institutional Relations are among the bodies involved in coordinating the Planalto's reaction.
Furthermore, the government relies on the support of its leaders in Congress to defend the maintenance of these measures. Representative Paulo Pimenta (PT-RS) has been identified as one of the main architects of the political strategy aimed at preserving the decrees.
Government strategy
The line of argument adopted by the Executive branch is that the decrees do not create new legislation, but merely regulate existing norms, establishing clearer mechanisms for their application. The government maintains that the texts respect the powers of the National Congress and operate within the constitutional limits attributed to the President of the Republic.
The assessment within the Presidential Palace is that this narrative will be crucial to counter criticism from opposition sectors and prevent the proposed projects from advancing in both legislative houses.
The decrees signed by Lula address different aspects of the operation of digital platforms. One of them establishes guidelines aimed at protecting women in the virtual environment and combating gender-based digital violence. The other creates obligations for application and social network providers, requiring, among other measures, the maintenance of reporting channels, the designation of legal representatives in Brazil, and mechanisms for removing content considered criminal, even without a prior court order.
Debate on freedom of expression
The new rules broaden the responsibility of technology companies regarding content published by users and establish preventative measures to combat fraud, cybercrime, and violent practices on the internet.
The proposal, however, has been the target of criticism from experts and opposition parliamentarians. The questions focus mainly on the interpretation of some concepts present in the decrees, considered broad and subject to different interpretations.
Critics argue that the lack of more precise definitions could open the door to improper content removals and create legal uncertainty for users and platforms. Proponents of the measures, however, claim that the changes are necessary to combat the spread of crime and increase the protection of citizens in the digital environment.
Opposition increases pressure
The reaction in Congress has gained momentum in recent days. Opposition lawmakers have filed at least 24 draft legislative decrees (PDLs) aimed at suspending the effects of the presidential decrees.
The legislative offensive led the president of the Senate, Davi Alcolumbre (União-AP), to request an analysis from the House's legal counsel regarding the constitutionality of the acts issued by the government.
The objective is to verify whether there was any overreach of regulatory power on the part of the President of the Republic in establishing new obligations for companies in the technology sector without prior approval from the Legislature.
The discussion has the potential to provoke a new institutional clash between the branches of government, especially since overturning presidential decrees is considered an unusual measure in the Brazilian political system.
Recent precedents
The most recent episode involving the revocation of executive acts by Congress occurred in June of last year, when deputies and senators overturned decrees from the Lula government that expanded the collection of the Tax on Financial Operations (IOF). At the time, the tax increase was presented by the government as an alternative to reduce cuts in the federal budget.
Prior to this case, the last time a presidential decree was overturned by Congress had occurred in 1992, during the Fernando Collor administration. On that occasion, lawmakers rejected a measure that altered rules related to the payment of court-ordered debts.
The episode occurred in a context of significant political decline for the then-president and preceded by a few months the opening of the impeachment process that would result in his removal from office.
Possible legal action
Behind the scenes in Brasília, there is a growing belief that, regardless of the outcome in Congress, the dispute over the decrees concerning big tech companies could reach the Supreme Federal Court.
Experts point out that the discussion involves sensitive constitutional issues, such as the separation of powers, the limits of presidential regulation, and the responsibility of digital platforms for content published by third parties.
As the political battle intensifies, the government seeks to consolidate parliamentary support to keep the new rules in effect, while the opposition is betting on mobilizing Congress to block what it considers an undue expansion of the Executive's powers.
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