The Organization of American States (OAS) released this Friday (26) the final report on the situation of freedom of expression in Brazil, with a series of recommendations aimed mainly at the Federal Supreme Court (STF) and the Justice system.
The document highlights the risks of excessive restriction on public debate and advocates legal and institutional changes to align the country with the standards of the Inter-American Human Rights System.
The text was prepared by the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR), after an official mission to Brazil in February, at the invitation of the federal government. Ahead of the work, rapporteur Pedro Vaca heard representatives of the Three Powers, as well as political actors from different ideological spectrums.
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Among the central points, the OAS recommends the decriminalization of the crime of contempt and the review of crimes against honor, arguing that these devices continue to be used repeatedly to judicialize criticism of public authorities.
According to the report, both criminal prosecution and disproportionate civil damages have the potential to produce inhibiting effects on freedom of expression, especially in debates of public interest.
The analysis also highlights concern about the strategic use of the Judiciary to silence journalists, activists and critics of public power, a practice known as strategic litigation against public participation. For the OAS, this type of action increases the individual cost of participating in democratic debate and creates an environment of self-censorship.
The institutional context after the January 8 coup acts appears as a relevant element in the diagnosis. The report states that the State’s responses to attacks on democratic institutions have generated divergent interpretations in the country and require a careful balance between combating threats to democracy and preserving constitutional guarantees, including freedom of expression and due legal process.
The report also argues that measures that restrict demonstrations, profiles on social networks or digital content are exceptional, well-founded and temporary, with strict judicial control and a guarantee of broad defense.
In the field of platform regulation, the OAS suggests advances that increase transparency and users’ right to contest, without opening space for private censorship or excessive concentration of power.
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Other recommendations include strengthening protection for journalists, harmonizing parliamentary immunities with international standards and overcoming norms inherited from the authoritarian period that still limit the full exercise of freedom of expression in the country.
