Open AccessFREEDOM OF PRESS AND JUDICIARY CENSORSHIP IN BRAZIL
Author(s) -
Marco Aurélio Peri Guedes
Publication year - 2018
Publication title -
panorama of brazilian law
Language(s) - English
Resource type - Journals
ISSN - 2318-1516
DOI - 10.17768/pbl.v3i3-4.p276-300
Subject(s) - democracy , constitution , authoritarianism , law , freedom of the press , state (computer science) , appeal , liberal democracy , politics , supreme court , censorship , citizenship , political science , bourgeoisie , sociology , algorithm , computer science
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.