(Para ler a versão desse artigo em Português, clique aqui.)
Leaked secret audio recordings of Brazil’s most powerful figures have sparked a series of explosive scandals in the nation’s ongoing political crisis. Now, Brazilian lawmakers are trying to outlaw publication of such recordings.
A bill, which has been idling since last year in the Câmara dos Deputados, Brazil’s lower house of Congress, has picked up new steam this month. The proposed legislation seeks to criminalize the “filming, photographing or capturing of a person’s voice, without authorization or lawful ends,” punishable by up to two years imprisonment and a fine. If the recording is published on social media, the penalty rises to four to six years.
When it was originally introduced, the bill was criticized as one of many proposed draconian measures designed to protect politicians and a direct threat to freedom of expression and the press.
The anti-recording bill was introduced in 2015 by Deputado Veneziano Vital do Rêgo, of interim President Michel Temer’s increasingly right-leaning PMDB party. Rêgo, who voted for the impeachment of now suspended Brazilian President Dilma Rousseff, has reason to fear being secretly taped: He is a suspect in 35 pending investigations for various financial and administrative crimes, as of April, according to Transparência Brasil, a leading anti-corruption watchdog, and the fact-checking website Agência Lupa.
The Institute for Technology and Society of Rio de Janeiro, which called the bill “troubling” and “unbelievable,” said the law would criminalize such everyday activities as filming a birthday party and posting it on social media. On Medium, the institute wrote that the bill “prevents journalistic and investigative activities of great significance and endangers anyone who performs audiovisual activities. It is an unconstitutional bill, which violates the freedom of expression and other constitutional principles such as the right to information and prerogatives of the media.”
The bill would not block the federal police’s use of secret recordings, but would prohibit any recording — secret or open — conducted without full consent and not produced in “the public interest,” a subjective term that would likely be left to the discretion of judges.
This week, leaked recordings revealed the president of Association Magistrates of Paraná state secretly coordinating retaliatory legal actions against journalists who reported on judges’ inflated wages. Brazilian courts have also ordered Marcelo Auler, an independent journalist, to take down 10 articles reporting on leaks and illegal wire taps related to Operation Car Wash, the ongoing corruption probe, and banned him from publishing any future reporting on the subjects.
With six years of prison at stake, the law would have a massive chilling effect on all media organizations and independent publishers.
The bill would not threaten journalism “because to quote, film or record a citizen, a professional journalist first has to ask their permission and authorization to publish the material,” Dep. Rêgo’s office wrote in an email to The Intercept.
In a statement to The Intercept, the board of directors of the Brazilian Association of Investigative Journalism said that “the bill amounts to a setback by creating new criminal offenses which journalists may incur in the performance of their duties,” adding, “the criminalization of libel, slander and defamation is a risk to democracy.”
The bill also includes a controversial “right to be forgotten” proposal that would allow individuals to demand, “independent of a judicial order,” that search engines and websites take down and remove from search results content that “compromises one’s honor.”
New momentum for Rêgo’s bill comes as secret recordings have threatened the core of the new government of interim President Michel Temer. On Tuesday, Brazil’s largest newspaper, Folha de Sao Paulo, reported that the prosecutor general has requested the arrest of Senate President Renan Calheiros, ex-President José Sarney, and close Temer confidant Sen. Romero Jucá — all key leaders of Temer’s party, the PMDB. Jucá and another Temer ally were forced to resign their ministries late last month. An important senator from President Dilma Rousseff’s Workers’ Party, the PT, briefly went to jail last year in a similar incident. Rousseff herself was caught in a wiretapped conversation with ex-President Lula da Silva discussing his appointment as a government minister, which opponents viewed as evidence that they were trying to put him out of the reach of the Operation Car Wash corruption investigation, sparking protests.
Other proposed legislation includes a plan to restrict the use of plea bargain agreements with suspects in custody and another to curtail selective leaking from investigations — both introduced recently by PT lawmakers. More than 200 bills addressing corruption were introduced in 2015 — five times the average — and, according to O Globo newspaper, “the bills that pass more quickly are precisely those which may create difficulties for investigations or build in mechanisms that mitigate punishment.”
A representative from Rêgo’s office told The Intercept that the bill is meant to protect rape victims, “not just politicians.” After videos and images of the horrific gang rape of an unconscious, 16-year-old girl in Rio de Janeiro spread online and made international headlines, the subject of unauthorized recordings has gained substantial public attention. Rêgo is optimistic that the bill, currently scheduled to be discussed in committee on June 15, will pass through the technology and justice committees of the Câmara dos Deputados, after which it would go to a vote in the Câmara and Senate.
In April, a hidden listening device was discovered in the office of a supreme court justice; its origins are still unknown. And, with so many individuals implicated in corruption investigations, according to Folha de São Paulo, the climate of paranoia among Brasília’s power brokers is now so intense that meetings are being conducted without cellphones or suit jackets, sometimes with the blinds shut and music playing in the background to defeat various types of listening devices — measures reminiscent of a gangster film.
This week, top executives from the Odebrecht construction firm reportedly promised to open the books on 500 million reais ($149 million) in illegal campaign contributions and kickbacks since 2006 as part of a plea bargaining agreement. Senate President Calheiros said in a secret recording that if that were to happen, “nobody from any party would escape.”
If you know of ANY illegal activity by a corporation or government, you can safely and anonymously report it to Wikileaks.
If you are an individual committing illegal acts at a corporation or government, get a lawyer and turn yourself in for more lenient treatment. It’s only a matter of time til it gets leaked.
Finally, governments should ALL anonymously leak the illegal activities of their competing governments!! (Governments have the strongest spy capabilities). Then your competitor government will have to attack it’s own politicians, or businesses, in the courts!!
Imagine if the U.S. found the top Chinese company engaged in major fraud, and leaked it!! China would have to attack it’s own economic interests in the courts. If China didn’t provide justice, they would risk being denied access to western capital markets, and much else.
YOU could make a big difference, safely and anonymously. Please leak what you know.
The José Dirceu’s plea bargain itself is not a issue.However, the timing is clearly confirming the road to the coup.
I’ve been reading a lot of articles on what’s going on in Brasil, recently, and think this is one of the best. Something, however, I don’t understand, and haven’t read anything about, is what is the motivation of the judiciary branch? Why are they are so strong? Why are they acting now? They seem to be targeting politicians across the political spectrum, and so don’t seem to be acting as a tool of one political party or one group of individuals, so what then? What is their end goal?
What is going on in Brazil is just the elites fighting back to get a bigger share of the pie. They always have, they always will. The same has been going on in the USA since the new deal and it just keeps getting worse. The corruption may be more egregious, at least more right in your face but it’s done here by politicians making the immoral, unethical perfectly legal (a good book, by the way). Trump got rich by out hustling and out competing his competitors. Illegal laborers, Mafia contractors, third world labor, campaign contributions to get the laws he wanted passed; whatever it took but of course; there is no alternative under capitalism without regulations. Very few will pay more for a product produced at home by Unionized workers paid fair wages. Hillary is one of the scum bag enabling politicians who help scum like Trump and the Walton’s etc. to get rich. My guess looking at Europe is that things will get so bad; Fascism will come to country’s that you would never have thought it would. There are already two Fascist country’s in the EU and extreme right wing party’s are growing by leaps and bounds. I had hoped the left would take over and impose a regulated environment for business; I was wrong. Poor Brazil, I had so much hope for your people but I guess this and what happened to Argentina is better than what happened before in both country’s and Chile etc.
“The same has been going on in the USA since the new deal and it just keeps getting worse.”
– Historically Challenged American, circa 2016
“The bill would not threaten journalism “because to quote, film or record a citizen, a professional journalist first has to ask their permission and authorization to publish the material,” Dep. Rêgo’s office wrote in an email to The Intercept.”
He must have studied at some American journalism school.
Some of Brazil’s most important investigation stories that exposed huge corruption schemes (within the government and outside it) have been done with hidden cameras and microphones. So yes, this would most definitively threaten journalism.
Investigative journalism at the very least.
I started writing this from the angle of the situation being organised crime on a national scale. Then, I realized that most of these politicians are so corrupt, they could send the average, neighborhood capo back to crime school for a major reeducation in stealing real power and money.
Also, it’s hard to fathom the cynicism of using a teen’s gang-rape video as a front for legitimizing legislation designed exclusively to allow corrupt politicians to escape accountability for their massive crimes.
This silencing of the people is the insidious and powerful last condition required for delivering us unto the nightmare void of 1984, with no chance of ever returning.
They think being raped is okay but being filmed is horrible. If they really cared about the victims they would mandate recording evidence and giving it to police, not prohibit it.
This bill was proposed in May 2015, way before the impeachment which started in December 2015.
You’re trying to paint as if this bill was designed by the new government and to protect them, while in fact it would protect politicians of all spectrum alike.
But this kind of bill isn’t surprising in Brazil. Where the people put so much faith on government, like a new religion where the politicians are their messiahs, they dictate commandments like this and the sheep say amen. Who disagrees is condemned to hell(jail).
Why people do not trust the politicians, but have so much faith in the state?
The bigger the government, the more often absurds like this will appear. Limit your government, then you won’t have to be concerned about a new stupid bill by an even more stupid politician..
How come you’ve commented on an article that, unless you’re reading comprehension level is somewhere between 0 and 1 on a scale of 1 to 10 — 10 being the highest, you did’t read?
From the article:
A Bill [that’s a link]which has been idling since last year in the Câmara dos Deputados, Brazil’s lower house of Congress,…
…
When it was originally introduced, the bill was…
…
The anti-recording bill was introduced in 2015 by Deputado Veneziano Vital do Rêgo, of interim President Michel Temer’s increasingly right-leaning PMDB party.
So what? How stating the timeline once more of the events invalidates my arguments, exactly?
Since the average reader will not give the much-needed attention of this fact, the more we put it on the spotlight the better:
This bill was proposed way before the impeachment, so its proposition has nothing to do with the new government. 6 months before the start of the impeachment trial, at the very least. And almost a year before the new government take office. Once the writer did not show any evidence to back his claim that this bill gained new momentum after Temer took office, these dates are a rebuttal the author put into his own article.
The longer you keep saying “right-leaning PMDB party” the longer you will show your ignorance regarding Brazilian politics. PMDB is the chameleon of all parties. They stand for nothing, but will fake anything when needed. Temer’s shy leaning towards a classical liberal conservative agenda is due the public’s despise of progressive and left-wing achievements of the last 13 years. It his shot at gaining public’s sympathy.
Even PMDB congressmen who were allied to and voted for Dilma are now in Temer’s cabinet (Leonardo Picciani). They simply don’t care, they side with the winning side.
http://infograficos.estadao.com.br/politica/placar-do-impeachment/
The left simply cannot accept the overwhelming majority of Brazilians do not care about Dilma, PT and other lefty-sold allied parties. They keep faking this self-righteous face “trying to warn the people” about the “coup” the “right-wing” is perpetrating in order “to save the Brazilian democracy”.
Shorter Thomas:
“My bad. You’re right, I didn’t read the article before commenting, and consequently made a fool of myself.”
Whatever works for you, pal :)
Not, and could never be, your “pal,” blowhard. No way I could stand more than minute of your repetitive boorish rambling.
“This bill was proposed way before the impeachment, so its proposition has nothing to do with the new government.”
So the bill didn’t cause the impeachment. Glad that’s cleared up.
You’re welcome.
” Limit your government, then you won’t have to be concerned about a new stupid bill by an even more stupid politician..”
Limiting the size of government also can cure cancer, intestinal polyps, hemorrhoids, erectile dysfunction, and the common cold.
No kidding..
If a smaller government can do all that, imagine what a bigger could do.. We could probably eliminate racism, end hunger, stop the global warming, end income inequality, enforce gun control.. We could be a world scale Denmark..
The government of Brazil has become wholly illegitimate. Those in power are begging for a violent revolution.
be careful what You wish for;
look at the results of revolutions ; e.g. Russia, Iran; Cuba , Libya
it’s a matter of OWNERSHIP
We the people, born unto the earth and given life by the grace and will of God, are the owners of our lives and destiny and as such, own our governance and all the offices thereof and all concerns thereof and therefore all events occurring thereto ARE PUBLIC PROPERTY and any attempt to withhold or take public property from any person is THEFT and a violation of the 10 commandments.
This is why Jesus, who turned the tables on the banksters, re-iterated obedience to the 10C’s. This is why the New Testatment is important because it is a reflection of God’s new will.
When organised crime runs the world, and it does, you tend to get beaten up and robbed regularly.
The organised crime are the backers of the politicians – and the backers of the backers is the rothschild “loan-to-own” currency scheme that dead-ends everyone who accepts the scheme. Jesus warned us when he turned the tables on them. Andrew Jackson warned us. Lincoln warned us. JFK tried to short circuit their scheme by grounding the dollar to silver.
Now they need to shut us up so they can finish taking everything we have because this play in Brasil is the end game as it is in Argentina as it is in Puerto Rico. Cuba, Iran, Venezuela, North Korea and maybe China have rejected that scheme. The scheme is currently run by a sadistic group of financial terrorists known as ZIONS who formed to run their game on the planet in the 1800’s.
quote”When organised crime runs the world, and it does, you tend to get beaten up and robbed regularly.”unquote
Speaking of organized crime, “law enforcement” in the Dumbest Country On The Planet is about to take it to a whole new level…
http://kgou.org/post/new-front-civil-forfeiture-devices-seize-funds-prepaid-cards#stream/0
And speaking of corrupt politicians…
http://wemeantwell.com/blog/2016/06/11/state-department-emails-reveal-how-unqualified-clinton-donor-was-named-to-intelligence-board/#comment-57951
Brazil’s got nothin up on Murika. Especially when either Clinton or Trump becomes POTUS. Lord help us.
As I’ve noted repeatedly, this is all part of the “democratic governance learning curve” for Brazil’s elites. If they’d just pay attention to how the gringo elites up north in the good ol’ US of A do corruption sort of like the underpants gnomes of power and realpolitick, then the Brazilian elites would be just fine and not subject to all this public political sturm und drang.
Goes like this:
Step 1: Pass laws that immunize elites from all financial, ethical or moral scrutiny, and any legal accountability for said transgressions should they be inadvertently exposed by some cranky journalist or whistleblower (except being caught in a sex act with a minor or someone else’s wife/husband and/or gay sex if you’re a member of GOP);
Step 2: ?
Step 3: Profit
Easy peasy. And then there is nothing the “public” can do about it except vote out one corrupt group of elites every 2 to 8 years and replace them with another equally corrupt batch of sociopathic asshats to make the cocktail weanie circuit their home.
That’s how the US of A does “business” and “politics” so it seems to me Brazilian political, military and business elites should just copy how it is done up north because it is working like a charm for gringo elites in the West.
That way you condition all the little serfs and plebes to accept their lot in life at the bottom of the food chain as the cannon fodder class who ultimately just shrug their shoulders and say “what are we gonna do about it, they are all corrupt.” And then all the little people get back to the daily grind of figuring out whether to serve their little children dandelion leaf salads or mud pies together with their daily crumb sandwiches.
It’s the old “inverted totalitarianism” artifice/long con if you’re a Sheldon Wolin (may he RIP) aficionado. Working like a charm up here in the good old US of A for about the last, oh, forever. And then if you do it really well, you can tax the baby bejesus out of what little the little people have to fund a giant transglobal military racket taking whatever they want from whomever isn’t willing to give it to you at the price you demand, and you get the plebes and serfs to volunteer for it because that’s one of the few paths in life left to not subsist on a dandelion and dirt diet.
It’s actually quite diabolically genius when you think about it. Hitler’s 20th eliminationist fantasies were so retrograde when there was a totally better way to get the plebes, serfs and undesirable elements in any society to engage in a dog eat dog battle with each other for the limited number of crumb sandwiches–convince them “propertarian capitalism” is ordained by God and that the elites assume their position at the top of this system through “merit” (or as the case may be “inherited merit”) and that but for the plebes, serfs and undesirable’s work ethic they too could be at the top of the food chain and “elites”.
yep.
this is why CHINA EXECUTES CORRUPT PERSONS.
this is why that thieving suckerburger and blackstonerocker and siti want into china to be like a virus and infect their system so they can propagate corruption. And this is why obama & hellery wants to shackle the planet with their TPP. And this is why the US is willing to spend a trillion on mini-nukes and play with fire and goad china into a battle.
Bet me, the US will be planting mini-nukes in all the TPP countries and promoting and propping dictatorships there also. Evil has no boundaries.
Brazil will incorporate best government practices, once its society has sufficiently evolved. In the meantime, the United States is the Shining City on the Hill, the ideal which others strive to emulate. Brazil may never succeed in attaining that ideal, but can never-the-less be inspired by it.
I agree that it is frustrating that other countries often can’t even get the simple things right. How can a president allow themselves to be impeached for delays in making payments to banks? Any US politician knows you delay making payments to social security recipients, not banks. But we shouldn’t give up hope for Brazil – its government has the requisite level of corruptness and just needs a better mechanisms for expressing it.
That said, the US should not fall into the trap of believing it is perfect, and has nothing to learn from other countries. They too face a similar media problem to Brazil. A tame mainstream media no longer fully controls the public narrative, and strange, diverse voices from social media and upstart web based news sources have emerged to pollute the information stream. The actions by Brazil may be clumsy and heavy handed, but the US should still study them carefully for clues of how to deal with this situation.
Ach! So Brazil, like parts of Europe, is going with this “right to be forgotten” crap. People who’ve done Bad or Embarrassing Things do not want a Google search to reveal that because, you see, it violates their rights.
Jesus on a goddam crutch.
There is a vast difference between what the legislators in Brazil are proposing and the right to be forgotten. The latter refers to the ability of an individual to demand the removal of their information from search engines, which is entirely different from having it removed from the public record.
And what exactly do you have about the right to be forgotten?
A right to be forgotten is pretty noble. A right for your crimes or unethical actions to be forgotten before you have been sentenced or while you still commit them, that’s a problem.
It should be possible to protect individual privacy without stopping the spread of important information that educates and/or protects the public.
it’s a matter of “OWNERSHIP”.
OT. seeing the memorial of Muhammad Ali, Billy Crystal spoke, personal moments, amazing and wonderful, very inspiring. You wouldnt want to miss it.
Anybody can say anything they want about anyone on the net — or anywhere else. Are you saying that libelous, negative, or even positive stuff that a person doesn’t want online about them shouldn’t be able to be taken down? People aren’t forced to read all sides of something; as a result they often only get to see the persons who scream the loudest. Has nothing to do with ’embarrassing things’. If I don’t like that someone took my picture and put it online (without my permission)… isn’t that enough? Do I have to say ‘and then Facebook shoved it into their biometric system and now anyone can tag pictures as me anywhere’? Do I have to say ‘and they shouldn’t be able to have taken those pics or posted them online in the first place because it’s against my religion and I believe that the camera stole my soul’? Can’t I just not want something out there? Do people not have the right to privacy? Because it’s more about privacy than hiding things. The fact that people may use it for that purpose is about as unavoidable as the fact that occasionally a guilty person might go free because someone took shortcuts in the legal process or lacked proper evidence.
There’s a power balance/imbalance issue I think is important to not ignore here — it’s one thing if someone has a ton of money to throw at removing a massive scandal from online, intimidate people (including journalists) etc and someone just not wanting their extramarital affair or other personal ‘drama’ to be available to anybody online just because someone decided it was covered by ‘freedom of speech’ or wanted to hurt someone’s reputation.
Libel should remain illegal of course, but I don’t think you understand how the internet works, or really care at all about freedom of speech.
Look at Brazil, America – that’s what the neoliberals and neoconservatives are busy building for you, a Brave New World of endemic political corruption, elite gated communites surrounded by sprawling favelas, democracy undermined and political dissent kept in check by domestic mass surveillance and the erosion of free speech rights.
Exactly. As Governor Cuomo demonstrated just this week. Only one small difference: in Brazil it apparently takes an act of Congress, while here it can be done by executive order. So who, exactly, is the third world nation in this case?
Every censorship bill, whether we’re talking “ag-gag laws” or “right to be forgotten”, all starts wrapped up in phony justifications but eventually you see it out in the open being used for what it was meant for all along – which was this.
It seems most commenters here see the big dangers in such legislation, so I’ll reply here to say my thoughts are very much along the lines you wrote.
It’s clear that we have problems here in the U.S. and it’s also clear that there are problems elsewhere – and increasingly in more places. At this point I’m wondering if there is ANY place that still has any sanity left.
Let’s just hope folks can fight this and other measures.
Having traveled quite a bit, my sense is that there’s little sanity left but every place seems to have its own version and degree of insanity (some more akin to others than some others are). Maybe the best we can hope for is the insanity that’s least incompatible with our own mentalities. If only immigration law were so simple. And even then, we’d be stuck in a different kind of filter bubble (or set of bubbles), which can be dangerous too.
We keep coming back to the argument of ‘censorship’ vs ‘privacy’ in society (@Wnt, here, especially). Is something censorship merely because we want something out and it’s not? Is something privacy merely because we don’t want something out there and it is? Where is the line drawn? What happens when (as is common) one person’s rights and another person’s rights run contrary to one another? It’s an age-old problem and legislation probably isn’t going to fix it. Is compromise possible? Probably not across the board. So what do you suggest?
Hi there again, Non’Importante –
They say great minds run on the same track, and I posted a reply to you and JDawg on the other thread in a very similar vein – privacy and Free Speech vs. censorship. What do I suggest? Not sure. Maybe a start would be to agree to certain things, like medical records, say that would be private, period. In looking at censorship, I guess we should look at the public interest (not necessarily GOV’T interest); for example: if so-and-so gets caught in a sex scandal, is it really in the public interest to have that reported? Maybe if they have a public stance that this would ‘refute’ or something like that. But for most folks, probably not. As far as gov’t – my feeling is Press should be free to report – unless some OVERWHELMING reason why (not jus the run of the mill ‘ national security’ b. s,)
Anyway, sorry that your travels have shown there’s not much sanity left (isn’t there an old classic rock song with a line about “Tell me where is sanity?”). With the current political climate I’ve even thought about moving countries. But yes, immigration isn’t easy and trying to move me would take both Hercules and Tarzan, I think. And I’d also have to uproot my cat! So I’m just praying we’ll make it through.
BTW, I like this a lot: “Maybe the best we can hope for is the insanity that’s least incompatible with our own mentalities.” Such is life on Earth, I guess.