词条 | Freedom of speech in Brazil |
释义 |
Article 5Article 5 of the Constitution of Brazil encodes freedom of speech as a constitutional right. The Article was approved along with the Constitution of Brazil in 1988. Article 5: All are equal before the law, without distinction whatsoever, guaranteeing Brazilians and foreigners residing in the country the inviolable right to life, liberty, equality, security and property, as follows:[...] IV – the expression of thought is free, anonymity being forbidden; [...] IX - are free the expression of intellectual, artistic, scientific and communication, regardless of censorship or license; Types of speech restrictionsThere are several different types of laws that restrict speech. Moral harassmentWhen the individual has their dignity shaken through continuous and repetitive depreciation of their self-esteem, it qualifies as moral harassment. Causing judicial proceeding and may be punishable by monetary compensation. Hate SpeechHate Speech is not considered freedom of speech. Causing arrest. BullyingBullying is not considered freedom of speech. Causing judicial proceeding and may be punishable by monetary compensation. Crimes in the Penal CodeThere are several articles of the Brazilian Penal Code that restrict freedom of speech defining some speeches as a crime. Inducement, instigation or assistance to suicideArticle 122 - Causing or inciting a person to commit suicide or provide him assistance to do:
SlanderArticle 138 - Slander someone, charging him falsely fact defined as a crime:
III - if the offended was acquitted by a final sentence. DefamationArticle 139 - Defame someone, charging him indeed offensive to its reputation:
Single Paragraph - The exception to the truth only is allowed if the offended is a public official and the offense is on the exercise of their functions. InjuryArticle 140 - Insult someone, offending his dignity or decorum:
Penalty - imprisonment of one to three years and fine. ThreatArticle 147 - Threatening someone, by word, writing or gesture, or any other symbolic medium, of causing him harm unjust and severe:Penalty - detention of one to six months, or a fine. Outrage of worship and impediment or disruption of the act relating to itArticle 208 - To mock someone publicly, by reason of belief or religious function; impede or disturb ceremony or practice of religious worship; publicly vilify material act or object of religious worship:Penalty - detention of one month to one year or a fine.
Incitement to crimeArticle 286 - Inciting publicly the practice of crime:Penalty - detention of three to six months or a fine. Apology of crime or criminalArticle 287 - Make publicly, praise or justification of criminal act or crime author:Penalty - detention of three to six months or a fine. ContemptArticle 331 - Insulting a public official on the job or by reason of their duties:Penalty - detention of six months to two years or a fine. Slanderous denunciationArticle 339 - To cause police investigation, court proceedings, administrative investigation, civil investigation or action administrative impropriety against someone, charging him crime that knows that he is innocent:
False reporting of a crime or misdemeanorArticle 340 - Provoke the action of authority, informing it of the occurrence of crime or misdemeanor than knows did not occur:
False self-accusationArticle 341 - Self-accuse, to the authorities of non-existent crime or practiced by others:
Increase of penalty for slander, defamation and injuryThere are specific causes of increased punishment for slander, defamation, injury. Article 141 - The penalties prescribed in this chapter is increased by one third if any crime is committed:
Single paragraph. If crime is committed through payment or promise of reward, applies to pen double. Not punishable exceptions for injury or defamationArticle 142 - do not constitute injury or defamation punishable:
Single Paragraph - In the case of sections I and III, is punishable by slander or defamation who gives you advertising. Retraction for libel or defamationArticle 143 - The accused before conviction, apologize fully by the libel or defamation, is free from penalty.
Crimes in anti racism lawArticle 20 - Practice, induce or incite discrimination or prejudice based on race, color, ethnicity, religion or national origin.
Crimes in the anti-discrimination law to HIV positiveArticle 1 - It is a crime, punishable by imprisonment of one (1) to four (4) years and a fine, the following discriminatory behavior against HIV positive and AIDS patients, because of their carrier status or ill:[...] V - to disclose HIV-positive status, in order to offend his dignity;
External links{{cite web |url=http://www.planalto.gov.br/ccivil_03/constituicao/ConstituicaoCompilado.htm |title=Constituição do Brasil |accessdate=21 December 2013 |language=Portuguese |trans-title=Brazil Constituition}}{{cite web |url=http://www.planalto.gov.br/ccivil_03/Decreto-Lei/Del2848compilado.htm |title= Código Penal Brasileiro|accessdate=21 December 2013 |language=Portuguese |trans-title=Brazilian Penal Code}} {{cite web |url=http://www.planalto.gov.br/ccivil_03/leis/L7716compilado.htm |title=Lei Anti-Racismo |accessdate=4 July 2016 |language=Portuguese |trans-title=Anti racism law}} {{cite web |url=http://www.planalto.gov.br/ccivil_03/_Ato2011-2014/2014/Lei/L12984.htm |title= Lei anti discriminação ao portador de HIV|accessdate=4 July 2016 |language=Portuguese |trans-title=Anti-discrimination law to HIV positive}} 2 : Freedom of speech by country|Freedom of speech in South America |
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