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Brazilian Federal Supreme Court judged unconstitutional rule that prohibits proselytism in community radio stations

The Full Court of the Brazilian Federal Supreme Court (STF), in session this Wednesday (16), ruled as unconstitutional the prohibition of proselytism of any kind in the schedule of community radio broadcasters. According to the Justices, the rule establishes prior censorship and offends the constitutional principle of freedom of expression. By a majority of votes, the Direct Action for the Declaration of Unconstitutionality (ADI) 2566, filed by the political party "Party of the Republic" (previously called as Liberal Party), was upheld by Law 9,612 /1998 (1st paragraph, article 4) that established the Communal Broadcasting Service.

Freedom of expression

The understanding of Justice Edson Fachin, who delivered the first dissenting vote, prevailed in the Court. According to him, the rule objected by the political party, by preventing the free expression of thought, suffers from "ostensible unconstitutionality". He also highlighted that the Court's jurisprudence has emphasized the priority of the principle of freedom of expression, becoming inadmissible that the State exercises prior control over what is transmitted by means of communication.

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