B r a z i l

1. CONSTITUTIONAL FRAMEWORK

The Constitution of 1988 stipulates in Article 5 that all are equal under the law, with no distinction whatsoever, Brazilians and foreigners resident in the country being guaranteed the inviolable right to life, liberty, equality, physical integrity and property in the following terms:

IV. expression of thought is free, anonymity being forbidden;

V.  the right of reply is guaranteed, in proportion to the wrong done, in addition to payment of actual, compensatory and punitive damages;

VI. the right of conscience and belief is inviolable, the free practice of religion is guaranteed, as is, as stipulated under the law, protection of places of worship and religious services;

IX.  expression of intellectual, artistic and scientific activity and of communication is free, notwithstanding censorship or prior authorization;

X.  intimacy, privacy, the good name and the image of persons are inviolable, the right to compensatory or punitive damages for any violation being assured;

XII. the confidential nature of correspondence and telegraphic communications, data and telephone communications is inviolable, expect, in the latter case, by court order in the cases and terms that the law may stipulate for the purposes of criminal investigation or legal process;

XIII.            engaging in any work, trade or profession is free, so long as the professional requirements stipulated by law are met;

XIV.           Everyone is guaranteed access to information and the confidentiality of sources is protected when so required for the practice of journalism.

Article 139: During the state of emergency declared on the basis of Article 137, item I, only the following actions may be taken against the person:

III.  Restrictions concerning the inviolability of correspondence, the confidential nature of communications, the provision of information and freedom of the press, radio and television, in accordance with what is stipulated by law.

Article 220: The expression of thought, creation, expression and information, in any manner, process or vehicle, shall be subject to no restriction whatsoever, in accordance with what is stipulated in this Constitution.

1. No law shall contain any provision that could be an obstacle to full freedom of reporting in any news medium, so long as what is stipulated in Article 5, IV, V, XIII and XIV is observed.

2. Any and all censorship of a political, ideological and artistic nature is prohibited.

3. It is within the jurisdiction of federal law:

II.   to establish the legal means for guaranteeing the person and the family the possibility of defending themselves from radio and television programs or programming that are contrary to what is stipulated in Article 221, as well as the advertising of products, practices and services that may be harmful to health and the environment.

5. News media may not, directly or indirectly, be a monopoly or oligopoly.

6. The publication of printed matter does not depend on permission being granted by the authorities.

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