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#brazilianlaw — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #brazilianlaw, aggregated by home.social.

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  1. 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.

    Source: migalhas.com.br/amp/depeso/371

    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)

    #BrazilianLaw

  2. 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

  3. #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: conjur.com.br/2023-abr-17/pgr- - www1.folha.uol.com.br/colunas/

    Note: Sérgio Moro is absolutely no saint but here I believe he did nothing wrong.

  4. 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.

    #BrazilianLaw

  5. #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.

    stj.jus.br/sites/portalp/Pagin

  6. 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.

  7. 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.

  8. 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).

    #BrazilianLaw

  9. 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.

    gabri.dev.br/en/trans/ado26-de

    @SapphicLawyer @MasonBee @massimofichera

  10. @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.

  11. @SapphicLawyer @usernameswift Yay! What do you already know/guess and what's your knowledge of Portuguese, Spanish and French? (this is so I know what I need to translate and what language to translate to)

    According to Wikipedia, Brazil uses a Napoleonic-Germanic Civil Law system.

    However, we have introduced more Common Law features (like "Súmulas Vinculates", a kind of binding precedent) in recent years.

    Here's are a thread of mine you might like
    tech.lgbt/@gabri/1093827399811

    #BrazilianLaw

  12. @usernameswift @SapphicLawyer Yay! Two more trans folks into law. I really like law as a topic but not enough to ever become a lawyer.

    Feel free to talk to me whenever you want someone to chat about legal issues. (specially ones about #BrazilianLaw)

  13. I find it funny that #Brazilian #NicknamingCulture is so widespread here that even some of our constitutions had nicknames.

    1824: A Outorgada [The Imposed one] - Because Dom Pedro I dissolved the Constituent Assembly

    1937: A Polaca [The Polish one] - Because then dictator Getúlio Vargas basically copied the Polish fascist constitution

    1946: A Culta [The Cult one] - Because of its "cult" and "refined" writing style

    1988: A Cidadã [The Citizen one]

    #BrazilianLaw #BrazilianHistory #Law

  14. @massimofichera Some topics you might find interesting in the Brazilian Federal Constitution of 1988 (CF/88 for short) are:

    - The criminalization mandate of racism.
    - How constitutionality control os done. (e.g. political parties can sue the State for unconstitutional omissions)
    - How property is treated (i.e. "função social" requirement, no compensation for land in indigenous terriotry, expropriation of land used for slavery or illegal drugs)
    - Right of reply
    - Ban on anonymity

    #BrazilianLaw

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