Court orders released of Facebook Latin America Vice-President

The Court of Justice of Sergipe (TJ-SE) handed down a ruling in the early hours today (March 2) revoking the arrest of Facebook's Vice-President for Latin America, Diego Jorge Dzodan. Facebook has failed to comply with an order from a Brazilian court to disclose messaging content from WhatsApp, which belongs to Facebook, Inc.

In his ruling, Judge Ruy Pinheiro pointed out that Dzodan is not a party in the case, nor is he under investigation. “There is no substantial evidence that the arrestee has acted with the intent to obstruct or prevent investigations in order to favor the investigated corporation,” the document read.

The court had requested messaging information from WhatsApp that could provide evidence for a confidential investigation into organized crime and drug trafficking pending before a criminal court in Lagarto, Sergipe.

The court says it is an interstate drug trafficking case for which Federal Police asked the court to subpoena WhatsApp messaging content.

Federal Police had previously filed three similar requests but Facebook Brazil did not provide the requested information. This prompted the judge to set a daily fine of $12,500. Facebook still did not comply, so the daily fine was raised to $250,000.

When Facebook again failed to comply, Judge Marcel Montalvão issued a bench arrest warrant against the executive in charge of Facebook operations in Brazil for contempt of court.

Facebook

In a statement, Facebook press office said it found Dzodan's arrest an “extreme and disproportionate” measure. Dzodan was escorted to the police station. The press statement went on to argue WhatsApp is a distinct operation. “Facebook is, and will always be, willing to answer any questions posed by Brazilian authorities,” the note read.

In February 2014, the online networking platform created by Mark Zuckerberg announced it was acquiring Whatsapp for $19 billion.

Dzodan left the remand center in Pinheiros, west São Paulo city, this morning (March 2). Neither he nor his lawyers talked to journalists.

Translated by Mayra Borges

*Updated information was added to this story at 11:41 am on March 2.