How Brazil’s Alexandre de Moraes became the face of digital regulation and a defender of democracy — or its greatest threat
By João Carlos | Africaheadline News | São Paulo, Brazil
In a world where disinformation has become a weapon, and social media platforms struggle to balance free speech with public safety, one man in Brazil has emerged as both a symbol of resistance and a source of controversy. Alexandre de Moraes, a justice on Brazil’s Supreme Federal Court (STF), is leading what may be the most aggressive judicial campaign against online extremism and digital disinformation in any democratic country.
To his supporters, Moraes is defending democracy from those who seek to destabilize it. To his critics — including billionaire Elon Musk, who has accused him of censorship — Moraes represents a dangerous concentration of power in the hands of one unelected official. But the truth, as always, lies somewhere in the messy intersection of law, politics, and the internet.
Moraes’ trajectory from law professor to the most powerful judge in Latin America’s largest democracy is well documented. Appointed to the Supreme Court in 2017 by then-President Michel Temer, he brought with him a reputation for toughness, forged during his time as Minister of Justice and as São Paulo’s State Secretary for Public Security.
But it was the Fake News Inquiry, launched in March 2019, that turned Moraes into a national and international figure. The inquiry was initiated ex officio by the Court itself — an unusual and controversial move that drew both praise and concern. It was aimed at investigating threats to members of the Supreme Court, but quickly expanded into a sweeping investigation of coordinated digital attacks, conspiracy theories, and misinformation campaigns with ties to powerful political actors, including allies of then-President Jair Bolsonaro.
What followed was a legal battle unprecedented in Brazil’s democratic history. Moraes ordered the suspension of social media accounts, the execution of search warrants, and even preventive arrests of suspects linked to digital influence operations. He also fined tech companies, notably Telegram in 2022 and X (formerly Twitter) in 2023, for failing to comply with court orders to remove false content or identify users accused of promoting anti-democratic actions.
On 8 January 2023, thousands of radicalized Bolsonaro supporters stormed government buildings in Brasília, refusing to accept Bolsonaro’s electoral defeat to Luiz Inácio Lula da Silva. Videos and messages circulating in Telegram groups and X profiles in the days prior revealed a coordinated effort to provoke a military intervention and nullify the election.
Moraes, then head of the Superior Electoral Court (TSE), moved swiftly. He issued arrest warrants for Anderson Torres, Brasília’s former security chief and Bolsonaro’s former justice minister, as well as for businessmen allegedly involved in funding the attempted coup.
He also blocked dozens of social media accounts, froze bank accounts of supporters involved in the insurrection, and expanded the scope of the Fake News Inquiry to include foreign influence and digital militancy. His actions were endorsed by the Supreme Court’s majority, but triggered a fierce backlash from conservative media and politicians.
Tensions escalated internationally in April 2024, when Elon Musk used his X platform to accuse Moraes of suppressing free speech. Musk vowed to “defy Brazilian law” and “restore the banned accounts” — including right-wing influencers accused of inciting violence.
Moraes responded by opening a criminal inquiry against Musk, accusing him of obstruction of justice, criminal disobedience, and incitement to crime. In a 33-page ruling, Moraes wrote:
“The sovereignty of Brazilian laws cannot be challenged by foreign billionaires who believe they are above the Constitution. Platforms operating in Brazil must follow the same legal obligations as any other actor.”
The episode drew international attention, highlighting the growing tension between national sovereignty and the global reach of social media platforms. Legal scholars around the world began citing Brazil as a “digital test case” for how democracies might legally confront online extremism.
While many hail Moraes as a hero — known affectionately in Brazil as “Xandão” — critics argue he is treading dangerously close to authoritarianism. His central role in launching investigations, issuing warrants, and making binding decisions without the traditional checks of a criminal trial system has raised concerns among civil liberties groups.
In December 2023, Human Rights Watch and Reporters Without Borders issued statements calling for “greater transparency” and clear legal frameworks to prevent arbitrary judicial power. According to Agência Pública, at least 340 digital content takedown orders were issued under Moraes’ oversight between 2019 and 2024.
His defenders, including Supreme Court Chief Justice Luís Roberto Barroso, argue that such measures are necessary:
“This is not about silencing opinions. It’s about stopping criminal networks that use digital platforms to promote coups and threaten public order.”
Brazil’s Congress has repeatedly failed to pass digital regulation legislation. The Fake News Bill (PL 2630/2020) — designed to force transparency in social media algorithms and restrict anonymous accounts — has been stalled for years. Tech industry lobbying and political resistance, particularly from conservative parties, have blocked its progress.
In the absence of a functioning legislative framework, the judiciary has stepped into the void. The risk, legal experts warn, is that emergency judicial actions, however justified, can become the norm in a democracy that lacks institutional consensus.
Moraes himself has called for clearer laws, stating in a 2023 judicial seminar:
“It is not the role of the Judiciary to be the digital regulator, but until Parliament acts, we will not tolerate criminal behavior hiding behind screens.”
Brazil’s digital crisis — and Moraes’ response — are being closely watched in other democracies grappling with online radicalization. In the United States, United Kingdom, and India, legal scholars have debated the limits of platform immunity and the responsibility of tech companies in curbing hate speech and falsehoods.
Yet Brazil’s approach stands out for its judicial assertiveness. It is a high-risk, high-stakes experiment where the rule of law is being enforced directly by judges rather than through legislation.
According to a 2024 University of Oxford report on digital regulation, Brazil now leads the Global South in the number of court-ordered content removals and enforcement actions against tech companies.
Alexandre de Moraes has become the most visible face of Brazil’s struggle to protect its democracy from digital subversion. His actions have reshaped the country’s legal landscape and sparked a global conversation on the role of courts in the digital age.
But as the line between judicial protection and overreach blurs, Brazil faces a defining moment: Can democracy be defended by exceptional powers without undermining the very freedoms it seeks to protect?
Whatever the verdict of history, Moraes has already forced the world to ask the uncomfortable question: Who really governs the internet?
