How Musk Became a Central Figure in the Free Speech Debate in Brazil

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The conflict between Elon Musk and Brazilian Supreme Court (STF) Justice Alexandre de Moraes has escalated into a major confrontation, culminating in the suspension of X in Brazil.

This legal battle traces back to 2020, when the Brazilian Supreme Court began investigating what it described as misinformation campaigns and organizations allegedly threatening democracy.

The investigations intensified following the January 2023 protests, which some labeled as an attempted coup. However, this characterization doesn't hold up under scrutiny, as the protesters were unarmed and lacked any structured organization. Rather than a coordinated effort to seize power, the events resembled a spontaneous outcry from a frustrated populace, with no evidence of a planned attempt to overthrow the government.

Justice Moraes, along with left-leaning authorities in Brazil, attributed these protests to supporters of former President Jair Bolsonaro, deeming them serious threats to the country’s democratic order.

Musk became publicly involved in April 2024, after the release of the Twitter Files Brazil, when he used X to criticize Moraes, accusing the justice of enforcing censorship. Moraes responded by including Musk in an ongoing investigation into what he termed “digital militias,” an inquiry widely seen as politically motivated and designed to stifle dissent, particularly from right-wing figures on social media.

Moraes' decision to suspend numerous accounts, including those of prominent Brazilian politicians and journalists, drew sharp criticism from Musk, who accused Moraes of engaging in prior censorship, a practice prohibited by Brazil’s Constitution. This intensified the conflict, with Musk positioning himself as a defender of free speech against judicial overreach.

Twitter Files Brazil: The Spark for Musk's Fight Against Censorship in Brazil

The Twitter Files Brazil, a collection of revelations exposing behind-the-scenes efforts by Brazilian authorities to silence right-wing users on X, was first unveiled in April 2024 by journalists Glenn Greenwald, Michael Shellenberger, Eli Vieira, and David Ágape. Musk played a crucial role in amplifying the release of these documents.

The leaks, consisting of internal communications between X's legal team and the Brazilian judiciary from 2020 to 2022—before Musk acquired the platform—revealed how Moraes pressured X into blocking specific accounts and demanded user data during investigations related to the 2022 elections.

Moraes also coerced X into suspending accounts by threatening heavy fines, while instructing the platform to present these suspensions as if they were independent company decisions, attempting to hide the fact that the orders were coming directly from the judiciary—a tactic Musk publicly condemned.

In response to these revelations, Musk escalated his attacks, labeling Moraes a “dictator” and accusing him of violating Brazil’s constitutional principles. The disclosures outraged right-wing politicians, who began calling for Moraes's impeachment and demanded an end to the persecution revealed by the leaks.

X Suspension and Starlink Sanctions

In August 2024, Moraes escalated the conflict by suspending X’s operations in Brazil after Musk defied court orders to block profiles accused of illegal activities. By then, Musk had already closed X’s offices in Brazil and withdrawn its legal representatives after one of them was threatened with imprisonment under a ruling by Moraes, further intensifying the situation.

In retaliation, Musk launched the Alexandre Files on X, an official account created to expose judicial orders issued by Moraes. The documents revealed what Musk described as secret orders demanding prior censorship of Brazilian citizens. Those targeted included not only public figures like journalists and politicians, but also ordinary citizens whose accounts were suspended without clear explanation or due process.

Further deepening the dispute, Moraes extended his legal actions to Musk’s satellite internet company, Starlink. To increase pressure, he froze Starlink’s financial accounts in Brazil, preventing the company from processing payments.

Starlink, which provides vital internet services to remote regions of Brazil, including schools and hospitals, pledged to continue offering free services to users until the legal issues were resolved. Musk condemned the sanctions as unconstitutional, accusing Moraes of using the judiciary as a weapon to attack his businesses.