The PNDD (National Prosecution of the Union for the Defense of Democracy) is part of the organizational structure of the Procuradoria-Geral da União (Office of the Attorney General of the Union) within the framework of the Advocacia-Geral da União (AGU, or Office of the Solicitor General of the Union). Article 23, Section I, of the Brazilian Constitution establishes the shared responsibility of the Union, the States, the Federal District, and the Municipalities to safeguard the Constitution, laws, and democratic institutions, as well as to preserve public assets. This highlights the framers' concern for protecting the foundations of the Democratic Rule of Law. In this context, the specialization of legal activities was achieved through administrative division, as outlined in the creation of the National Prosecution of the Union for the Defense of Democracy (PNDD). Decree No. 11,328, dated January 1, 2023, established the organizational structure of the AGU and, in its administrative organization of legal activities, defined the responsibilities of the PNDD.
The PNDD is composed of two General Coordinating Bodies.
The General Coordination for the Defense of Democracy (CGDD) operates in the interest of the Union, focusing on the defense of democratic institutions, the integrity of federal public actions, the protection of public functions, and combating misinformation regarding federal public policies.
On the other hand, the General Coordination for the Representation of Public Officials and Electoral Matters (CGRAE) is responsible for coordinating the representation and judicial defense of public officials and electoral matters. It represents and defends the Union in electoral matters before the Superior Court of Justice (STJ), the Superior Labor Court (TST), the Superior Electoral Court (TSE), the Superior Military Court (STM), and the National Union Court (TNU). Additionally, it evaluates requests for judicial representation of public officials and measures related to the defense of the prerogatives of members.
While the CGDD acts on behalf of the Union (both judicially and extrajudicially) in combating misinformation about public policies and preserving the legitimacy of the Branches of Government and their members to exercise their constitutional functions, the CGRAE assesses requests for judicial representation to enable the AGU to act on behalf of public officials, provided that legal requirements, particularly the public interest of the Union, are met.
The PNDD has three main lines of action:
- Preserving democratic institutions and the legitimacy of the Three Branches of Government, as well as their members in the exercise of their functions.
- Responding to and addressing misinformation about public policies.
- Combating incitement or attempts to:
a) Overthrow the legitimately constituted government.
b) Abolish the Democratic Rule of Law or restrict the exercise of constitutional powers.
c) Disrupt elections by violating voting security mechanisms.
d) Restrict the exercise of political rights based on gender, race, color, ethnicity, religion, sexual orientation, or national origin.
In all cases, it is necessary to demonstrate the Union's interest in taking action and the potential or actual harm caused by the conduct.
In cases involving misinformation, for the PNDD to act, it must be proven that the content was intentionally disseminated with the aim of causing harm or obtaining undue advantage. Additionally, the negative impact on public policy or the harm to the legitimacy of public officials' functions must be clearly established. Furthermore, the PNDD will not act if the content has not achieved widespread reach or significant repercussion..
No. The PNDD does not conduct any form of monitoring on any type of communication platform, whether written or audiovisual media, in print or digital formats. The PNDD also does not have the function, nor the legal authority, to monitor speeches or statements made by private individuals or public officials.
No. The decision to remove content falls under the jurisdiction of the Judiciary or the digital platforms themselves. The PNDD operates through judicial and extrajudicial actions, such as lawsuits for damages, requests for the right to reply, extrajudicial notifications, and reports to the Public Prosecutor's Office or police authorities in cases where there is potential criminal activity. In specific cases, the PNDD may request the removal of content through a court order via legal action or submit the request directly to digital platforms through extrajudicial notification.
The PNDD does not act when there is no indication of data or evidence that could substantiate the alleged claims. The actions of the PNDD follow strict criteria outlined in the regulations governing the Office, as described above.
It is also important to emphasize that the PNDD does not intervene in cases involving expressions inherent to political rhetoric, nor does it conduct any form of monitoring of public discourse, whether on social media or any other platform.
Public agencies and authorities, as well as any citizen, can request the PNDD to take action, provided that the requirements set forth in the ordinance governing the Office's operations, as mentioned in the first question, are met. Between January 2023 and June 2024, 101 requests were submitted for the PNDD to act. Of these, 28 were approved, and 13 are under review. Among the approved requests, 17 resulted in extrajudicial actions by the PNDD, 10 led to judicial actions, and two internal legal advisory actions were carried out..
