The Lawfare Podcast Lawfare Daily: Sanctions, Speech, and Sovereignty in Brazil
Sep 9, 2025
Join Joan Barata, a visiting professor, Laís Martins, a journalist at The Intercept Brazil, and James Görgen, an adviser to Brazil’s Ministry, as they navigate the turbulent waters of Brazil’s tech policy and geopolitical pressures. They delve into Jair Bolsonaro's trial, the challenges of social media regulation, and the impact of U.S. tariffs on Brazil's sovereignty. The discussion also grapples with the Brazilian Supreme Court's pivotal role in balancing free speech and digital regulation, revealing broader implications for democracies worldwide.
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Historic Trial Links January 8 To Broader Plot
- Jair Bolsonaro's trial is historic as the first former president tried at Brazil's Supreme Court for a coup-like attack.
- The court sees January 8 as the culmination of a succession of events, not an isolated riot.
Marco Civil's Article 19 Reinterpreted By Courts
- Marco Civil (Brazil's Internet Bill of Rights) created Article 19 protections similar to Section 230, limiting platform takedowns without court orders.
- The Supreme Court reinterpreted Article 19 to allow notice-and-takedown for clear illegal content while keeping court orders for complex cases like defamation.
Liability Shield Shaped Platform Power
- Article 19's liability shield enabled big tech to scale and shaped business models in Brazil.
- Government actors argue judicial tweaks provide necessary short-term safeguards ahead of full legislation.