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This has nothing to do with political speech.. Article 286 from the penal code prohibit to incite the practice of crimes. Any speech, political or otherwise,
by tmottabr 2y ago
This has nothing to do with political speech..
Article 286 from the penal code prohibit to incite the practice of crimes.
Any speech, political or otherwise, that incite violence toward another is a crime..
- marcosdumay 2y agoJust to point, but this is usually applied with the article 4 of the Constitution. Otherwise the law would be plainly invalid.
- tmottabr 2y agoArticle 4 from the constitution talk about international relations.. not sure how that would apply here..
- matheusmoreira 2y agoYes, and the punishment for that is either a fine or imprisonment for up to 6 months. Where does it say the judge can censor it?
- tmottabr 2y agothe marco civil da internet has provisions to take illegal content published in sites or social media via court order..
- matheusmoreira 2y agoIt doesn't matter what lesser laws say if the constitution says otherwise. Constitution says manifestation of thought is free and censorship is illegal. > Term IX. > expression of intellectual, artistic, scientific, and communication activity is free, independent of any censorship or license If your speech hurts somebody, they get to answer and to be made whole. The original insult is not censored. We see it all the time with politicians insulting and threatening each other. The other party sues, judiciary applies a fine, that's all there is to it.
- tmottabr 2y agoSure.. but this law was never challenged and thus it was never deemed unconstitutional.. Something only the supreme court can do when the proper process is started.. Until this happen the courts must assume the law is valid and apply it as such..