FREEDOM OF PRESS AND JUDICIARY CENSORSHIP IN BRAZIL

Authors

  • Marco Aurelio Peri Guedes Universidade Federal Rural do Rio de Janeiro

DOI:

https://doi.org/10.17768/pbl.y3.n3-4.p276-300

Abstract

This paper intends to provide an overview on freedom of press under the 1988 Brazilian constitution. Despite living the longest democratic term of Brazilian history – twenty seven years so far, the constitutional and democratic project are under a clear and present threat, this time coming from an unsuspicious player in the democratic game: the judiciary branch of the state. The 2009 Estado de São Paulo case reflects how such threat has been identified by some justices belonging to the Brazilian supreme court – the S.T.F. - committed with a democratic and constitutional culture. The threat is scattered all over the land, coming from individual members and sometimes from several states´ appeal courts of both state or federal degrees. Either we enjoy plainfully the fundamental rights or we do not live in an actual democracy, in the western liberal and bourgeois concept of it. Becoming aware of it, rising up legal resistance against such threat and spreading the news for the whole citizenship is a necessary step to consolidate democracy in Brazil and to push away authoritarian political regimes.

 

Author Biography

Marco Aurelio Peri Guedes, Universidade Federal Rural do Rio de Janeiro

Undergraduation on Law at Rio de Janeiro state university (UERJ) on 1994. Graduation on Theory of the state and constitutional law at Rio de Janeiro Pontifice University on 1997. Lawyer at the city of Rio de Janeiro between 1998 and 2009. Former professor of law at PUC-RIO, FESO and UCAM-CENTRO. The author is currently full time Assistant Professor of Public Law at the law course of the Rio de Janeiro Rural National University (UFRRJ).

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Published

2015-11-01

How to Cite

Guedes, M. A. P. (2015). FREEDOM OF PRESS AND JUDICIARY CENSORSHIP IN BRAZIL. PANORAMA OF BRAZILIAN LAW, 3(3-4), 276–300. https://doi.org/10.17768/pbl.y3.n3-4.p276-300

Issue

Vol. 3 No. 3-4 (2015): PANORAMA OF BRAZILIAN LAW

Section

Articles

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