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Comment by thimabi | Hacker News Reader

The constitutional right to free speech in Brazil is not an absolute right. In fact, it is a well-known fact to Brazilian legal scholars and practitioners that there are no absolute rights under Brazilian law - every right must be equally respected.

In particular, Brazilian law does not grant freedom of expression for political speech that has clearly defamatory intent, constitutes an insult, makes disparaging judgments or represents denigrating criticism. That may not be the letter of the law, but it is its spirit, as set by precedent and academic literature.

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.

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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 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.

> 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.

He does not have the support from majority of congress..

But congress will not impeach him while there is a left wing president appointing his replacement..

Even tough right wing politicians make a theater of wanting him impeached, and even send requests to impeach him to congress in the back is all negotiated that those impeach requests will not go forward..

That is a true system of checks and balances at play

Congress could impeach him until 2022 - and didn't. From 2016 to 2022, Brazil was governed by right-wing governments.

Oh, who nominated this Justice, was a right-wing president as well.

There was congress election in 2022, the congress back then is not the same as congress today..

And regardless of who indicated him, the right is not happy with him and would gladly get him replaced, but they will not while a left wing president is the one appointing his replacement..

Not really going on the point if what the Justice did is legal or not, but they won't impeach, because the Justices are the one who judge the politicians, and the majority of BR politicians, including right-wings, are corrupt.

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