The president of (Supreme Federal Court), said on Tuesday (19) that since the court has been “especially libertarian in matters of expression, perhaps with one or the other or another.”
The minister’s speech was made at the opening of the Press Freedom Seminar and the Judiciary, held at the (National Council of Justice) – Rogan that is also commanded by him.
In his speech, Barroso cited episodes of censorship during the military dictatorship and stated that, in reaction to this, the 1988 Constitution was “well -obsessive in freedom of expression”, but that “the country’s culture is still relatively censorious.”
“In matters of freedom of the press and freedom of expression we have to be very careful in any regulation and any legislation, because the past condemns. We have a censory tradition that comes from the letter of Pero Vaz de Caminha,” said the president of the Supreme in his speech.
Written in 1500, Caminha’s letter went at the time to prevent information about the meeting of the lands that today make up Brazil to be transmitted to the Spaniards – the document would only become public almost three centuries later.
He also advocated, without appointing the minister, decisions that were made regarding undemocratic demonstrations on social networks in recent years, and mentioned the trial that has expanded the obligation of digital platforms in Brazil by declaring a.
“The rise of digital platforms and many undemocratic abuse and articulations have led to one or another delicate border situation, and I think we have made a very reasonable and very thoughtful social media regulation that protects freedom of expression,” he said.
At the time of the trial, the Supreme Court decided that if they do not proactively remove, before court order, a list of content, including undemocratic, discriminatory or incitement to crimes.
At the event that takes place at CNJ, the research “Judicial Proceedings on Press Freedom”, done by Jusbrasil, Abraji (Brazilian Association of Investigative Journalism) and the Tornavoz Institute, which deals with freedom of expression.
Abraji President Katia Brembatti, and the co-founder of Tárvoz, Tais Gasparian, who is also a lawyer for Sheetparticipate in a panel on judicial harassment against journalists.
Research on freedom of expression analyzed 24,275 judicial decisions on the theme of 2015 to 2024, from a reading made with artificial intelligence.
In the study, it is pointed out that, in this period, 60% of the decisions understood that freedom of the press was exercised regularly, while 38% understood that it was extrapolated.
When analyzing decisions on press freedom that speaks of moral damages, in 58% the judge or the magistrate collegiate understood that this right was exercised regularly, while in 41% it is understood that it was extrapolated.
In a small portion of decisions, artificial intelligence was undecided about the conclusions of the magistrates – because the values added do not reach the 100%nailed percentage.
In the processes analyzed, the most cited subject is “moral damages”, which is mentioned in 66% of the shares. Second comes “Removal of News”, with 12%, followed by electoral themes, with 8%.
