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> That may not be the letter of the law, but it is its spirit, as set by precedent and academic literature. The letter of the law matters. It’s not just the fr

> That may not be the letter of the law, but it is its spirit, as set by precedent and academic literature. The letter of the law matters. It’s not just the freedom of speech by the way. The Brazilian constitution also prohibits secret tribunals, which is what Moraes is doing with censorship under gag orders. > Keep in mind that this specific judge has the backing of the majority of the Supreme Court and, at the very least, the tacit support of congressmen who have the power to impeach him in case of abuses. The rest of the federal court is probably too scared of him and the sitting government to speak up. Its’s not a sign of anything.

thimabi 2y ago
> The letter of the law matters. I respect your opinion, but that is really not how the Brazilian legal system works. For instance, the constitution says that “the home is the inviolable refuge of the individual”, but this applies not only to “homes” per se, but also to every closed space where one may expect privacy. Another example: the constitution says that only “Brazilians and foreigners residing in the country” have rights, but foreign tourists and legal entities have rights, too. It goes both ways: the spirit of the law extends some rights and limits others. > The Brazilian constitution also prohibits secret tribunals, which is what Moraes is doing with censorship under gag orders. Secret court orders are a common exception virtually everywhere and have absolutely nothing to do with “secret tribunals”. Brazil’s constitution explicitly allows this exception in article 93, paragraph IX, in order to preserve the privacy of interested parties. In addition, secret orders are common in cases in which public orders would have hampered the effectiveness of said orders.

4 ms·

> That may not be the letter of the law, but it is its spirit, as set by precedent and academic literature. The letter of the law matters. It’s not just the fr

by blackeyeblitzar 2y ago

thimabi 2y ago
> The letter of the law matters. I respect your opinion, but that is really not how the Brazilian legal system works. For instance, the constitution says that “the home is the inviolable refuge of the individual”, but this applies not only to “homes” per se, but also to every closed space where one may expect privacy. Another example: the constitution says that only “Brazilians and foreigners residing in the country” have rights, but foreign tourists and legal entities have rights, too. It goes both ways: the spirit of the law extends some rights and limits others. > The Brazilian constitution also prohibits secret tribunals, which is what Moraes is doing with censorship under gag orders. Secret court orders are a common exception virtually everywhere and have absolutely nothing to do with “secret tribunals”. Brazil’s constitution explicitly allows this exception in article 93, paragraph IX, in order to preserve the privacy of interested parties. In addition, secret orders are common in cases in which public orders would have hampered the effectiveness of said orders.