Democratic Labor Party v. President of the Republic and National Congress
Brazil Supreme Federal Court
Claim of Breach of Fundamental Precept No. 130 (2009)
- Written by Mary Katherine Cunningham, JD
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.)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.