Brazil

BRAZIL The press continues to operate in a general climate of freedom of expression, with some isolated exceptions. In October, two important accusations involving members of the National Congress led the two legislative chambers to take action. The first allegation was that deputies had been bribed to switch political allegiance. The Chamber launched an investigation, still underway, into whether to impeach three deputies. The second accusation led to establishment of a congressional commission of inquiry, which is now probing alleged irregularities in the distribution of federal funds to municipal governments and social assistance agencies. Freedom of the press continues to be threatened by the Child and Adolescent Law, which permits the courts to seize newspapers and magazines and to suspend radio and television broadcasts for two days if they publish or broadcast the name of a juvenile offender. A Rio de Janeiro judge used this law to suspend the circulation of the newspaper 0 Dia for 24 hours and to levy a fine. He held that the newspaper defamed the honor and reputation of an adolescent by linking her to a scheme to cheat in pre-university exams. The National Newspaper Association (ANJ) protested what it saw as a restriction of freedom of expression, citing the fact that the constitutionality of this law has been challenged in the Supreme Court. The Justice Court of Rio de Janeiro meanwhile suspended the judge's ruling until the Supreme Court decides on the issue. The new Press Law, already approved by the Senate, is still being debated in the Chamber of Deputies. The topic was discussed in recent months in public meetings promoted by the Communication Committee of the Federal Chamber. Isolated episodes concerning respect for freedom of expression in Brazil during the period included: In April, the automobile of journalist Reinaldo Cabral, correspondent of Jamal do Brasil in Maceio, capital of Alagoas state, was burned in front of his home by two unidentified armed men. The ANJ protested to the state governor and the Justice Ministry, requesting protection for the journalist, who had written a series of articles linking the police to a wave of violence in that state. In May, the former governor of Bahia state, Nilo Coelho, was accused of inten tionally running his car over a photographer for Correia da Bahia, an opposition newspaper. The incident is under investigation. In August, the acting judge of Palmas, capital of Tocantins state, accepted a motion entered by exgovernor Jose W. Siqueira Campos that would block the dissemination by the press of news linked to the use of federal funds from the state's Institute of Medical Assistance and Social Security. After the ANJ protested, "the president of the court suspended the measure. The suspension also was requested by the Attorney General of Tocantins. The same month, the newspaper Noticias Populares of Sao Paulo achieved a new victory in its continuing fight in the courts against singer Roberto Carlos for the right to publish a series of articles about him, censored at the request of the singer. He sought an injunction in January, when the judge of the Third Civil Court rejected a bid by the singer's lawyer for the ruling to be upheld. The ANJ had charged in January that the censorship of the articles was unconstitutional. Other press groups have also protested it. In September, the chief magistrate of the Judicial Police of Santos in Sao Paulo state ruled that only with his "prior express authorization" could an inmate be interviewed or presented to the press. He specified that one page should be provided for the right of an inmate to reply and ordered a police inquiry against the detective who was the alleged source of an article in Tribuna de Santos, as well as the reporter who wrote the article. The ANJ appealed the judge's ruling and the issue continues under review. At the end of October, two events in the National Congress followed accusations by the press. The first was against deputies who allegedly received sizeable dollar payments to join the Social Democratic Party. The magistrate of the Chamber of Deputies heard the evidence and decided to seek an impeachment of three deputies. The Chamber leadership accepted the recommendation. Another more serious charge, published by Veja magazine, was made by an ex-employee of the Senate and the former director of the federal government budget office. It links several deputies and senators, as well as ministers, ex-ministers and state governors, to alleged irregularities in the use of federal funds. The charges prompted the formation of a congressional commission of inquiry and were given wide coverage throughout the country. The Brazilian Congress, in line with a provision contained in the Constitution of 1988, has begun a review to ensure that the Constitution is up-to-date. The expectation of the media is that the gains they obtained in the Constitution will be preserved. On November 5, the judge of the 8th Municipal Court in Campinas ordered the suspension of "Disque-Moreira," a column published in Correia Popular. The action was requested by Manoel Moreira, a federal deputy accused of misuse of government funds. Correia Popular changed the name of the column to "Disque-Censura" and stamped next to the column's logotype the words "under censorship."