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Brazil Judge Dismisses Charges Against the Journalist Glenn Greenwald

A federal judge decided Mr. Greenwald should not stand trial for his role in bringing to light hacked cellphone messages, citing a ruling from a Supreme Court justice that shielded him.

Glenn Greenwald at a news conference in Rio de Janeiro before a July rally on his behalf. Charges against Mr. Greenwald have been dropped.Credit...Ricardo Borges/Associated Press

RIO DE JANEIRO — A federal judge in Brazil on Thursday dismissed criminal charges against the American journalist Glenn Greenwald, sparing him for now from being prosecuted for his role in the release of hacked cellphone messages that have embarrassed prosecutors and prominent officials.

Judge Ricardo Leite said in a 10-page ruling that the criminal case against Mr. Greenwald could not move forward because he was shielded by a Supreme Court justice’s order, issued in August, that barred law enforcement officials from investigating the journalist’s role in the hacking case.

Experts in criminal law in Brazil were critical of the decision to charge Mr. Greenwald, 52, with cybercrimes, arguing that the criminal complaint filed against him did not clearly implicate the journalist in criminal conduct. Brazil has strong legal protections for reporters.

Judge Leite’s ruling, however, was far from exculpatory. He wrote that messages exchanged between Mr. Greenwald and his source portray the journalist “as an instigator of the conduct of the other defendants and not merely a receiver of illegal content.”

The judge, citing evidence that Mr. Greenwald received material from the source over a period of time, said the journalist had understood the hacking was still going on during the time he corresponded with, and accepted more leaked messages from, the source.

Mr. Greenwald said on Thursday that he welcomed the dismissal and that he hoped the Supreme Court would weigh in unambiguously in his favor.

“Anything less would leave open the possibility of further erosion of the fundamental freedom of the press,” he said in a text message.

Mr. Greenwald, who has called the case against him a form of political persecution, has said he was extremely careful in his dealings with the source, mindful that he needed to refrain from unlawful conduct.

The judge allowed the case to go forward against the six other people who were charged alongside Mr. Greenwald on Jan. 21.

Mr. Greenwald and his colleagues at The Intercept Brasil, an online news site, published a series of articles beginning in June that raised questions about the fairness of high-profile corruption prosecutions. Their reporting suggested that the judge who had handled the corruption trial of former President Luiz Inácio Lula da Silva in 2017 violated legal and ethical norms by advising prosecutors on strategy.

The conviction barred Mr. da Silva from running in the 2018 presidential election, which paved the way for Jair Bolsonaro’s victory. Mr. Bolsonaro appointed the trial judge, Sergio Moro, as justice minister.

In August, as Mr. Greenwald was facing a torrent of threats from conservative politicians, including Mr. Bolsonaro, the Supreme Court justice, Gilmar Mendes, issued an order barring law enforcement officials from investigating the journalist’s role in the phone hacking.

Judge Leite said the order, in his view, shielded Mr. Greenwald from criminal prosecution. But he added that it could be subject to judicial review in light of facts that have emerged throughout the investigation.

Mr. Greenwald’s crusading reporting, and his searing criticism of Mr. Bolsonaro, have made him a darling of leftists. Many conservatives loathe him, and some critics question his fitness to report fairly on Brazilian politics considering he is married to a socialist member of Congress.

Letícia Casado contributed reporting from Brasília.

Ernesto Londoño is the Brazil bureau chief, based in Rio de Janeiro. He was previously an editorial writer and, before joining The Times in 2014, reported for The Washington Post. More about Ernesto Londoño

A version of this article appears in print on  , Section A, Page 7 of the New York edition with the headline: Brazil Judge Throws Out Criminal Case On Greenwald. Order Reprints | Today’s Paper | Subscribe

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