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throwawaysugar | 2 years ago

I think you're touching on various different issues like fraud, false advertising, racism, etc. so there's no clear answer. You would need to pick a specific case for someone to weigh in on.

The Wikipedia article on freedom of speech in Brazil is a good starting point: https://en.wikipedia.org/wiki/Freedom_of_speech_in_Brazil

It's not a particularly well-written article, but it does lay out the key article from the constitution (article 5) and the various articles in the penal code and the anti-racism law (which is a specific law!) regarding freedom of speech.

Additionally, Article 3, paragraph 4 of the Constitution is key. It's placement at the very top of the constitution, if not legally meaningful, feels politically meaningful to me:

Art. 3 The fundamental objectives of the Federative Republic of Brazil are:

I. to build a free, just and unified society;

II. to guarantee national development;

III. to eradicate poverty and substandard living conditions and to reduce social and regional inequalities;

IV. to promote the well-being of all, without prejudice as to origin, race, sex, color, age and any other forms of discrimination.

So the proof of the pudding to me as a layman is whether whatever form of speech you used qualifies as "prejudice as to origin, race, sex, color, age and any other forms of discrimination"

discuss

order

jevoten|2 years ago

It's so much worse than I thought: Article 287 - Making publicly, praise or justification of criminal act or crime author: Penalty - detention of three to six months or a fine.

So "He was justified in sabotaging logging machines, because sacrificing our rainforests for profit is wrong, and the government hasn't done enough to reduce logging" carries an up to half a year prison term.

throwawaysugar|2 years ago

Don't ignore the "or a fine". A situation like you described doesn't commonly result in any jail time (or in any fine, tbh)

Besides, I'd wager even if the whole state hated you, you would clearly be protected in that specific scenario by article 5 of the constitution, which trumps the penal code or other ordinary laws:

IX - are free the expression of intellectual, artistic, scientific and communication, regardless of censorship or license;

But again, IANAL (although married to one)