Siegfried Ellwanger v. Superior Court of Justice
Brazil Federal Supreme Court
Habeas Corpus 82.424 (2003)
- Written by Mary Katherine Cunningham, JD
Facts
Siegfried Ellwanger (defendant) published books denying the historical persecution of Jews and the Holocaust and inciting racial discrimination against the Jewish people. These books also suggested that modern audiences should follow the beliefs of the Nazis as to the inferiority of Jews and the need to exterminate Jews. The Brazilian government prosecuted Ellwanger for the crime of racism under Law 7.716/1989 and Law 8.081/1990. Ellwanger sought a writ of habeas corpus, arguing that his conviction violated his constitutional right to freedom of speech.
Rule of Law
Issue
Holding and Reasoning (Correa, J.)
Concurrence (Mendes, J.)
Dissent (Britto, J.)
Dissent (Alves, J.)
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