Post by account_disabled on Jan 23, 2024 4:00:22 GMT -5
The Superior Court of Justice. STJ Argument "plays with Brazil's karma", says Luís Felipe Salomão. It is also an intelligent strategy, says the minister, as it "plays with the karma" of a country that has experienced harsh periods of restrictions on freedom of expression. At an event this Monday (6/11), in Brasília, Salomão explained that jurisprudence will construct hypotheses as to whether or not people have the right to not be cited for past facts.
Although it is not written “in all letters” in the Buy Phone Number List Brazilian legal system, he says, this right can be inferred by weighing up supposedly conflicting constitutional principles: on the one hand, freedom of expression and the right to information; on the other, the dignity of the human person and the inviolability of image, intimacy and private life. “A balance point is needed, taking into account reasonableness and public interest. Not so much to the sea, not so much to the land,” he stated, highlighting that this is not a question of prior censorship, but a subsequent right.
He also adds that the Federal Supreme Court has a summary saying that a direct complaint can be made to the court against any type of prior prohibition on publication or impediment to the broadcast of any fact or news. The minister recalled that, in 2013, Brazilian justice began to recognize that the protection of human dignity in the information society includes the right to be forgotten. This happened during the 6th Civil Law session of the Federal Justice Council, with the approval of a statement that addressed the topic. The minister said that the 4th Panel of the STJ judged cases of this type for the first time in 2013. Both were linked to television programs that reconstruct crimes.
Although it is not written “in all letters” in the Buy Phone Number List Brazilian legal system, he says, this right can be inferred by weighing up supposedly conflicting constitutional principles: on the one hand, freedom of expression and the right to information; on the other, the dignity of the human person and the inviolability of image, intimacy and private life. “A balance point is needed, taking into account reasonableness and public interest. Not so much to the sea, not so much to the land,” he stated, highlighting that this is not a question of prior censorship, but a subsequent right.
He also adds that the Federal Supreme Court has a summary saying that a direct complaint can be made to the court against any type of prior prohibition on publication or impediment to the broadcast of any fact or news. The minister recalled that, in 2013, Brazilian justice began to recognize that the protection of human dignity in the information society includes the right to be forgotten. This happened during the 6th Civil Law session of the Federal Justice Council, with the approval of a statement that addressed the topic. The minister said that the 4th Panel of the STJ judged cases of this type for the first time in 2013. Both were linked to television programs that reconstruct crimes.