This Article is From Jun 11, 2015

Brazil Ends Ban on Unauthorized Biographies

Brazil Ends Ban on Unauthorized Biographies

Federal Supreme Court justices deemed the ban unconstitutional "in line with the fundamental rights of freedom of thought and expression, artistic creation and scientific output. (Representational Image)

Brasilia: Brazil's Supreme Court removed a ban on Wednesday on unauthorized biographies, long a subject of fierce debate between writers and journalists on one side and music stars on the other.

The decision was adopted unanimously by federal Supreme Court justices.

They deemed the ban unconstitutional "in line with the fundamental rights of freedom of thought and expression, artistic creation and scientific output," said Carmen Lucia Antunes Rocha, the court's deputy chief justice.

The controversy erupted in 2007 when "O Rei" (the King) of Brazilian music, Roberto Carlos, won an order demanding the withdrawal from shelves of an unauthorized book about his life.

He won the order citing an interpretation of the Civil Code, which stipulates that a person can prohibit the dissemination of writings or pictures of their life if he or she considers that this is a violation of their honor.

But on Wednesday the court reinterpreted two articles of the Civil Code, resulting in the ban being lifted, despite protests from some of the biggest names in Brazilian music, including Carlos and Gilberto Gil.

Opponents had labeled the ban a form of censorship more akin to the days of military rule in Brazil from 1964 to 1985.

Gil, however, insisted that he still wants "the right of the person portrayed in a biography to protect their privacy ... even during pre-publication planning," according to the newspaper Estado do Sao Paulo.

"There are two rights: one to free speech, and another to privacy. And they both must be protected," he added.

But judge Rosa Weber said: "Controlling biographies suggests that one wants to control history."

Justice Carmen Lucia, as she is widely known, was blunter.

"There is no censorship in Brazil. Period," she said.
© Thomson Reuters 2015
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