Justice accepts complaint against vice-president of Facebook for disobedience

Federal Judge Renata Andrade Lotufo accepted the complaint by the Federal Public Prosecutor's Office (MPF) and filed suit against Facebook's Latin American vice-president, Diego Jorge Dzodan, for the crime of disobedience. He is the company's chief executive in Brazil.
Crime of disobedience
According to the judge, the complaint complied with the requirements and showed "sufficient evidence of authorship and materiality".
The crime of disobedience, provided for in Article 330 of the Penal Code, imposes a penalty of 15 days to six months imprisonment and fine.
If convicted, the defendant runs the risk of having to serve custodial sentence in the event of criminal recidivism.
According to MPF, in 2016, Dzodan did not comply with orders from the 2nd Federal Criminal Court of Rio de Janeiro, which had determined the breach of telematic secrecy of an accused of criminal association for international drug trafficking.
Breach of secrecy
According to the MPF, the interception of the conversation of the investigated by a Facebook application could help to clarify the threats that the investigated was receiving from other members of the gang.
The original decision to breach the secrecy of the conversation is January 27, 2016. Dzodan was notified on February 12 and the deadline for submitting the information expired on February 29.
"Facebook, however, was limited to responding that its terms of service and legislation hindered cooperation with the Justice, and that the company would only deliver the content of communications among its users upon request drawn up by the Asset Recovery and Cooperation Department International Law of the Ministry of Justice. "
In response to the answer, the 2nd Federal Court of Rio de Janeiro determined the delivery of the information in 24 hours, under penalty of a daily fine of R $ 20,000 in case of noncompliance. On March 7, 2016, the company was notified again and, according to the MPF, decided not to cooperate.
"For the MPF, Facebook's decision shows contempt for the judicial determination and a disregard for Brazilian laws. Because it has its headquarters in Brazil, the Facebook do Brasil company is obligated to comply with the decisions of the Brazilian courts, "said the MPF in a note.
On April 7, 2016, in a new order, the Federal Justice of Rio determined search and seizure in the company and the arrest in flagrante of Dzodan in case of new disobedience.
Wanted, Facebook has not yet manifested.
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