The Nucleus for Legal Practice (NPJ) of FGV’s Rio de Janeiro Law School (Direito Rio) has filed an amicus curiae brief before Brazil’s Supreme Federal Court (STF) in the Direct Action for the Declaration of Unconstitutionality (ADI) No. 5,415, which handles the right of reply in the media.

The ADI discusses the unconstitutionality of article 10 of Law 13,188/2015, which requires the manifestation of a ‘prior collegiate judgment’ to suspend the right of reply in an appeal. Dias Toffoli is the judge-rapporteur of the action, which was filed by the Federal Council of the Brazilian Bar Association (CFOAB). Supervised by Professor Ivar A. Hartmann, the Clinic that gave rise to the work was attended by six undergraduate students.

“The group in charge of drafting the brief was particularly concerned with the procedural aspect of the imbalance created by the requirement of a collegiate body to reverse the trial court decision ensuring the right of reply. It is an exception within the procedural system in a way that disproportionately restricts the freedom of speech”, said the professor.

The professor explains that the provision in question is unconstitutional for disproportionately restricting the fundamental right to the freedom of speech and indirectly inhibiting the exercise of that freedom (chilling effect), negatively affecting free press and the full freedom of journalistic information. Finally, it produces a procedural imbalance by creating inequality between the parties to the dispute, in violation of due process of the law.

Professor André Mendes, Coordinator of the NPJ, underscores the importance of the legal representation of the Brazilian Association of Investigative Journalism (Abraji). “Abraji plays an extremely significant role on behalf of the freedom of press. With high-quality work, it contributes to good journalism and serves our democracy,” said the professor.

According to Luiz Filippe Esteves Cunha, one of the students who drafted the paper, “being able to actively participate in the development of judicial understandings, especially for such a relevant topic to be tried by the STF, was a great experience provided by Direito Rio. The clinic gave us the opportunity to not only study what the Court says, but effectively think and contribute to the formation of the law”.

The following students participated in drafting the brief: Fernanda Almeida Fernandes de Oliveira; Harllos Arthur Matos Lima; João Pedro Fontes Zagni; Luiz Filippe Esteves Cunha; Pedro Moysés Delfino; Pedro Sutter Simões. 

What is an Amicus Curiae?

The Latin expression amicus curiae means ‘friend of the court’, and allows an entity with national representation to issue an opinion on relevant cases handled by the Supreme Federal Court (STF), extending and improving the surrounding debate.

Find out about the Amici Curiae filed by Direito Rio before the STF, available in Portuguese.