Brazil

BRAZIL The most prominent event in recent months has been the investigative reporting of major newspapers, magazines and other media which led to charges of corruption involving the president of Brazil, whom the legislature voted to impeach. The episode increased the prestige of the Brazilian press - and demonstrated the maturity of Brazil's democracie institutions. The National Newspaper Association (ANJ) presented arguments before the Attorney General's Office on what it considers the unconstitutionality of the Statute on Children and Adolescents, which allows the courts to order seizure of newspapers and magazines and two-day suspension of broadcasting for unauthorized identification of juveniles in criminal cases. The Attorney General has yet to take the issue to the Supreme Court. A bill to create a new Press law continues to make its way through Congress. A substitute bill, which included suggestions from the ANJ, was approved by the Federal Senate. It now goes to the Chamber of Deputies. The existing Press Law includes several provisions considered ethically and legally questionable, such as possible prison terms far journalists who commit "crimes against honor" in published material; barring the truth as defense in libel suits brought by certain authorities (the president of Brazil, the presidents of the Senate and Chamber, Supreme Court justices, and foreign heads of state or their diplomatic representatives); making successively senior newspaper employees responsible for any press 'crimes'; procedural rules that allow less time for preparing a defense than in other lawsuits; the possibility of seizure publications that "offend morals and customs, and related matters. A1though some legal experts argue that the principle of broad freedom of speech included in the 1988 Federal Constitution repealed some of these items, they remain in effect. The Statute on Children and Adolescents, besides permitting the seizure of newspaper and magazines, was used by a lower court in a decision requiring the newspaper Noticias Populares of Sáo Paulo to be sold in opaque plastic wrappers. The decision, which was not carried out because of a restraining order, was appealed and is pending before the Court of Justice of Sáo Paulo.