I just learnt the ban on #anonymity present in the #BrazilianConstitution ¹ is much weaker than I expected.
Basically it's only legal to out the real person behind a #pseudonym if it's used for illicit activities.
¹ Article 5th incise 4 says: «é livre a manifestação do pensamento, sendo vedado o anonimato;» (the manifestation of thoughts is free but anonymity is forbidden)
I just cannot fucking believe it! #STF replied my #FOIA request in slightly less than 2 hours!
I was expecting this to take around a month and I was also expecting I would need to appeal my case.
The FOIA request was for the «autos do processo» (the papers in the docket of a lawsuit) of Habeas Corpus 82.424-2/RS. Yes, it's the Ellwanger case.
I'm making a collection of major STF cases on issues of prejudice and queer rights.
#BrazilianLaw strikes again (I guess)
The Prosecutoriat General of the Republic (PGR) has filed a criminal accusation against Senator Sérgio Moro for his alleged defamation against Supreme Court Justice Gilmar Mendes.
Moro said/implied that Mendes sells favourable habeas corpus decisions.
Looking at the video it seems like Moro was just improvising a joke or funny oneliner. He was in a party like environment and seemed a little bit drunk to me.
I honestly cannot see how any reasonable person would interpret that as a statement of fact as opposed to mere off hand remark meant only to be funny.
I genuinely hope this lawsuit goes nowhere because otherwise it would be a great attack on our #FreedomOfSpeech.
Sources: https://www.conjur.com.br/2023-abr-17/pgr-denuncia-sergio-moro-calunia-gilmar-mendes - https://www1.folha.uol.com.br/colunas/monicabergamo/2023/04/pgr-denuncia-moro-ao-stf-por-dizer-que-gilmar-mendes-vende-habeas-corpus.shtml
Note: Sérgio Moro is absolutely no saint but here I believe he did nothing wrong.
A Procuradoria-Geral da República apresentou nesta segunda-feira (17/4) ao Supremo Tribunal Federal uma denúncia contra o senador Sergio Moro (União Brasil-PR) por calúnia. Denúncia leva em conta fala de Moro durante uma festa junina José Cruz/Agência Brasil Em um vídeo que passou...
New life "achievement" unlocked: trying to explain what a fucking #laudêmio is off the top of my head over Discord.
TLDR: a laudêmio is a 2.5% real property sales "tax" paid to the original owner of the land due to a covenant-like thing called an « enfiteuse » (emphyteusis).
An « enfiteuse » is kinda like a partial sale of land whereby the buyer gets into a covenant to pay a yearly « foro » (kinda like a tiny rent) and a « laudêmio » every time the property is sold. I suspect that part of the exchange was a lower purchase price.
Apparently this system was created to allow the cultivation of land that the owner had no means to cultivate but still didn't wanna sell it.
TLDR 2: #PropertyLaw is confusing.
#TIL: There's an #STJ 2019 #precedent in #BrazilianLaw that application providers (e.g. websites, apps, etc.) must include the port number in their access logs when it's an #IPv4 connection as this is often necessary to identify who is behind #internet misuse.
Context: in Brazil, most application providers are legally required to keep an #AccessLog for six months.
In current #BrazilianLaw, the #MoralRights of audiovisual works being exclusively to the #director. (article 25 of law 9,610/1998)
I think this is ridiculous and that such rights should be extended to all non-extra #actors of an audiovisual work.
And the right to remove a work from circulation should be extended to cases where promises made by the directors, producers and others were not kept.
I see this as an important check and balance to the power directors and producers have over actors.
I've been thinking about discussions around women in #porn and how it affects their careers and how they are mistreated and the apparently simple (partial) solution I don't see anyone talking is: extend and strengthen #MoralRights to actors!
Moral rights are like #copyright but they are inaliable (not even contracts can dispell or transfer them) and in #BrazilianLaw they include, among others, the right for an author to remove their work from circulation when it harms their reputation.
The more I try to understand the crimes of "incitação ao crime" (inciting crime; article 286) and "apologia ao crime" (lit. apology of crime; article 287) the more complicated it gets. There seems to be just no agreement on anything about these crimes.
"apologia" here means: speech or text that defends, justifys, or praises something (specially some doctrine, action, or work).
Instead of studying #LinearOptimization like I was supposed to, I spent hours retouching my #translation of #ADO26 to the point I'm finally comfortable in publishing it.
This is the ruling that made #queerphobia a crime in #BrazilianLaw.
@MasonBee @ricardoharvin Do you have any ideas for how the justice system could be reformed to avoid so much emphasis on #StareDecisis? Perhaps some rule that precedents must be re-examined every 100 years? Or some mechanism for legislatures to ask/order supreme courts to re-examine old (50+ years) precedents?
I'm not a lawyer but I enjoy #law as a topic of study and discussion. I'm most familiar with #BrazilianLaw and #UsLaw.
Gabriela Noriega 🏳️⚧️ 🇧🇷