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STF judges constitutional transmission of Voz do Brasil in a predetermined time range

11/19/2020

The Supreme Court of Brazil (STF) declared the constitutionality of the transmission of "Voz do Brasil" (Voice of Brazil), the official information program of the Powers of the Republic, in a predetermined time slot and with the highest audience in radio stations. By majority vote, the justices granted Extraordinary Appeal (RE) 1026923, with general repercussion (Theme 1039), in the virtual session closed on November 13.

Voz do Brasil

The object of discussion is article 38, paragraph "e" of the Brazilian Telecommunications Code (Law 4.117/1962). The provision states that broadcasters are required to retransmit the "Voice of Brazil" daily, between 7:00 p.m. and 10:00 p.m., except on Saturdays, Sundays and holidays. The transmission must be made for 60 uninterrupted minutes, being 25 minutes for the Executive Branch, five minutes for the Judiciary Branch, 10 minutes for the Federal Senate and 20 minutes for the House of Representatives.

Public Interest

At the trial, the vote of justice Alexandre de Moraes prevailed, which dismissed the allegation of violation of freedom of expression. According to him, the obligation to transmit official programs of the Executive, Legislative and Judiciary Powers, of interest to the whole society and in large audience hours, has the objective of sending information of public interest to the largest number of citizens.

Rule received by the Constitution

The justice pointed out that, in 1995, in the judgment of an injunction in Direct Unconstitutionality Action (ADI) 561, the Supreme Court declared that Law 4.117/1962 was received by the Federal Constitution.

Thesis

The thesis of general repercussion fixed was the following: "Present reasonable and appropriate purpose to reach the largest number of Brazilians various information of public interest, it is constitutional article 38, "e", of Law 4.117/1962, with the text given by Law 13.644/2018, by providing the mandatory transmission of official programs of the Executive, Legislative and Judiciary Powers (" Voz do Brasil"), in a pre-determined time slot and greatest audience.

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Photo: Marcelo Camargo/Agência Brasil

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