Democratic Labor Party v. President of the Republic and National Congress

Claim of Breach of Fundamental Precept No. 130 (2009)

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Democratic Labor Party v. President of the Republic and National Congress

Brazil Supreme Federal Court
Claim of Breach of Fundamental Precept No. 130 (2009)

Facts

A military dictatorship in Brazil in the 1960s began enacting legislation hampering the freedom of the press. In February 1967, the military dictatorship of Brazil enacted the Law of the Press 1967. The Law of the Press 1967 severely restricted the right to freedom of the press and allowed government censorship of the press. Article 151 of the Law of the Press provided for two to 10 years in prison if an individual was convicted of undermining the democratic order. In 1988, Brazil enacted a new constitution, and the Supreme Court began allowing constitutional challenges to laws passed before 1988. The Supreme Court rejected certain laws passed before 1988 if an entity challenging each law could demonstrate the law was incompatible with the 1988 Constitution of Brazil. The Democratic Labor Party (plaintiff) filed a constitutional challenge, arguing that the Law of the Press was incompatible with the 1988 constitution. The Democratic Labor Party asked the Supreme Court to enter an order declaring the Law of the Press 1967 totally invalid.

Rule of Law

Issue

Holding and Reasoning (Ayres Britto, J.)

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