Brazilian Association of Radio and Television Broadcasting Companies v. National Congress and the President of the Republic

Direct Action of Unconstitutionality no. 4451 (2010)

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Brazilian Association of Radio and Television Broadcasting Companies v. National Congress and the President of the Republic

Brazil Supreme Federal Court
Direct Action of Unconstitutionality no. 4451 (2010)

Facts

The Brazilian Association of Radio and Television Broadcasting Companies (association) (plaintiff) filed a direct action of unconstitutionality, seeking an order declaring two rules of Article 45 of the Law of the Electoral Process (Statute no. 9.504/1997) unconstitutional and forbidding their application in the 2010 elections. Under Article 45 II of Statute no. 9.504/1997, radio and television broadcasters were forbidden from using any audio or visual resource to degrade or ridicule a political party. Article 45 III provided that broadcasters could not broadcast political propaganda as part of their normal news schedule. The association asserted that these rules could prohibit radio and television broadcasting companies from making political satire or parodies of candidates running in the election. The association sought authorization from the Brazil Supreme Federal Court to allow television and radio broadcasters to criticize candidates without being accused of illegally supporting the other political candidates. The association also sought a finding that the government could not prohibit political satire and critique opinions.

Rule of Law

Issue

Holding and Reasoning (Ayres Britto, J.)

Dissent (Toffoli, J.)

Dissent (Aurelio, Lewandowski, J.J.)

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