B r a z i l

6. MANDATORY LICENSING AND UNIVERSITY DEGREE REQUIREMENT

Decree Nș 83,284 on the Profession of Journalism states in Article 4, The practice of the profession of journalism requires prior registration in the regional agency of the Ministry of Labor, which shall be done through presentation of:

I.   proof of Brazilian citizenship;

II.   proof of not having been charged with or sentenced for any unlawful act under criminal law;

III.  a college degree in journalism or social communication, accreditation in journalism issued by an educational institution recognized under the law for the purposes mentioned in items I to VII of Article 11;

IV. Labor and Social Security card.

Article 5: the Ministry of Labor shall grant, once the requirements set out in this decree have been met, special registration to:

I.   a stringer, this being understood to mean a non-employee who for payment produces work of a technical, scientific or cultural nature relating to his specialization to be disseminated under his byline;

II.   a public official with duties whose legal attributes are those mentioned in Article 20;

III.  a qualified intern.

Article 6: For special registration of a stringer the following must be submitted:

I.   proof or Brazilian citizenship;

II.   proof of not having been charged with or sentenced for any unlawful act under criminal law;

III.  a statement by the media company or similar of its interest in the applicant being registered as a stringer, listing his specialty, remuneration and pen-name, if any.

Article 7: For the special registration of the public official with duties whose legal attributes are those mentioend in Article 20, the submission shall be required of his letter of appointment to the post or contract to take up those duties, in compliance with the terms of Article 40.

Article 8: For special registration of an intern the following must be submitted:

I.   proof or Brazilian citizenship;

II.   proof of not having been charged with or sentenced for any unlawful act under criminal law;

III.  a statement by the media company or similar indicating the duties to be carried out and the corresponding salary;

IV. a college degree or high school diploma granted by an educational institution recognized under the law for those functions set out in items I to VII of Article 11.

V.  a statement from the local labor union where the intern is due to work that there is no union member available there to do such work.

Article 14: Registration of a professional journalist who for no legal reason ceases to practice the profession for more than two years shall be liable to expiration or revocation.

§1. The terms of this Article shall not apply in the event that the journalist stops work for the following reasons:

a) suspension or interruption of the labor contract;

b) resignation or retirement as a journalist;

c) a trip or course of study under a scholarship for professional improvement;

d) unemployment, under terms of the Law Nș 4,923 of December 23, 1965.

§2. The expiration or revocation shall be within the competence of the regional agency of the Ministry of Labor, on its own account or at the request of the relevant labor union, which shall publish in an official organ for three consecutive editions within the space of two years the names of the journalists whose registration is seeks to revoke.

§3. The agencies of the Ministry of Labor shall provide to the relevant labor unions any information requested, especially the list of hirings and exceptions to the rule in the media companies, carrying out any inspections considered necessary to verify the practice of journalism.

§4. Work in a non-media company, mentioned in Article 30 §20, shall not constitute sufficient proof of length of service in the profession if the publication and the person responsible for it have not registered in accordance with the terms of this Decree.

§5. Expired or revoked registration suspends the entitlement to and exercise of professional prerogatives, but it may be revalidated by submission of the documents in items II and III of Article 40.

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