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STF Edges Toward Allowing Limited Keyword-Search Data Orders With 4–2 Majority

Google's appeal in the Marielle Franco case triggered the review.

Overview

  • Four justices—Alexandre de Moraes, Cristiano Zanin, Gilmar Mendes and Nunes Marques—voted to permit court-ordered disclosure tied to specific keywords under strict limits, with Rosa Weber and André Mendonça dissenting.
  • The session was suspended at 4–2 and will resume on Thursday, with five votes still pending and the final ruling not yet issued.
  • Proposed safeguards include use only in investigations of heinous crimes or equivalent offenses, prior judicial justification, defined time and location windows, specific terms, and destruction of data unrelated to the case.
  • Moraes suggested extending eligibility to crimes against democracy and to offenses like international drug trafficking, treating search data as a relevant evidentiary tool.
  • Because the case has repercussão geral, the Court’s decision will bind lower courts and set nationwide guidance for how platforms respond to similar investigative requests.