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Direct Unconstitutionality Actions ADIs against changes in the Copyright Law are judged unfounded


By majority vote, the Plenary of the Brazilian Federal Supreme Court (STF) judged unfounded the Direct Unconstitutionality Actions (ADIs) 5062 and 5065, in which the Central Office of Collection and Distribution (Ecad), together with other associations, and the Brazilian Union Of Composers (UBC) questioned altered devices and added to the Copyright Law (Law 9.610 / 1998) by Law 12.853 / 2013. According to the entities, the changes would directly violate constitutional principles and rules concerning the exercise of eminently private rights and freedom of association.

The opinion of the rapporteur, Luiz Fux, prevailed that freedom of initiative, private property and freedom of association are not in themselves incompatible with the presence of state regulation. In a vote at the session of April 28, when the trial was initiated, the minister said that the law's objective was to give transparency, efficiency and modernization to the management of copyrights, rationally reorganizing Ecad and the associations that make it up. He recalled that, according to CPI's findings, the lack of transparency was a historical problem reported by copyright holders.


The trial was resumed on Thursday (27) with the vote-review of Minister Marco Aurélio, the only one to diverge. According to the minister, the changes in the Copyright Law violate the individual autonomy and constitutional guarantees provided for in article 5, item XVIII, because they represent interference of the public administration in the day to day of the associations. The minister pointed as an example of this interference to the establishment of the duration of the mandates of the leaders, the prohibition of the reelection of leaders and the prohibition of association with more than one entity.

The minister emphasized that the amendments offend freedom of association and self-government in entities that should be free from interference by the State. "The freedom of self-government of associations, in what protected from state interference, is well-versed in the first roll of constitutional guarantees. This has been achieved with the exaltation of political, moral, cultural and social valuesof greater essentiality, "said the minister in voting for the merits of the actions.

Also voted in today's meeting Ministers Dias Toffoli and Ricardo Lewandowski, both following the understanding of Minister Luiz Fux. Ministers Edson Fachin, Luís Roberto Barroso, Teori Zavascki, Rosa Weber and Carmen Lúcia had voted in the same vein.


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