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STF confirms restraining order against the Electoral Law

The Justices of the Brazilian Federal Supreme Court (STF), by a majority of votes, endorsed the retraining order issued by  Minister Ayres Britto at Direct Claim of Unconstitutionality (ADI) 4451.

The Hon. Justice Ayres Britto, vice-president of the STF, partially granted the restraining order in the Direct Claim of Unconstitutionality (ADI) 4451, in which the Brazilian Association of Radio an Television Broadcasters complaints against some provisions of the Electoral Law that prohibit the broadcasting of material that mocks or denigrates the candidates within 3 months before the election.

The Brazilian Association of Radio and Television Broadcaters has proposed a direct claim of unconstitutionality against Article 45, sections II and III, of Law 9.504/97, arguing that these rules violate the sections IV, IX and XIV of Article 5 and Article 220 of the Federal Constitution, since they limit the freedom of press and freedom of speech, among other things.
The Hon. Minister Ayres Britto, Rapporteur, partially granted the injunction, ad referendum of the Plenary, to suspend the effectiveness of section II, and provide interpretation according to item III of article 45 of Law 9.504/97. According to His Excellency, the State must not define what can or can not be said by individuals and journalists. Press freedom does not allow previous censorship, as it must always be full, especially at election time, since it maintains close relationship with democracy. It would be paradoxical to limit it at the very moment that civil society and voters most need the press and its practitioners to be free.In the afternoon of September, 2 the Ministers agreed to endorse the injunction, suspending both the item II as the final part of section III of the device.
Therefore the logical-legal consequence, the Justices decided also to suspend the paragraphs 4 and 5 of Article 45, which conceptualize assembly and trickery, as mentioned in section II.

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