Censorship in Brazil, both cultural and political, occurred throughout the whole period following the colonization of the country. Even though most state censorship ended before the period of redemocratization that started in 1985, Brazil still experiences a certain amount of non-official censorship today. The current legislation restricts freedom of expression concerning racism (Paim Law) and the Constitution prohibits the anonymity of journalists."Title II, Chapter I, Article 5 of the Constitution of Brazil states in part that "IV – the expression of thought is free, anonymity being forbidden" and "XIV – access to information is ensured to everyone and the confidentiality of the source shall be safeguarded, whenever necessary to the professional activity".
History
Military government (1964–1985)
In 1976, the federal government banned the performance on TV of the play Romeo and Juliet, performed by the Bolshoi Ballet and produced by BBC, under the allegation that the Bolshoi, being a Russian ballet company, and Russia being part of the Soviet Union, could show a communist view of the play. The ban has sparked severe criticism from congressmen. Even after the redemocratization in 1985, the 1976 version of the play was never shown on TV or released on home video in Brazil.
In 1985, during Brazil's military regime, the federal government banned Jean-Luc Godard's 1985 film Hail Mary, claiming that it was an insult to the Christian faith (although the State was officially secular).Schneider, Greice (17 May 2006), "TOP 10: Filmes para assistir depois de O Código Da Vinci" , A Tarde. Singer Roberto Carlos, a devout Catholic, deliberately damaged his image with liberal sectors of Brazilian society when he supported the ban by the José Sarney administration.Folha Online (19 October 2009) With the new Brazilian Constitution and redemocratization of the country, in the 1990s, the film was made available again.Hail Mary in Brazilian on-line shop Submarino.com.br
Redemocratization
1989
In 1989, the "Anti-racism law" was passed, the law bans promotion of “Nazi ideals” and the use of “Nazi symbols”, and also bans “incitement” to discrimination or prejudice based on race, ethnicity, religion, and national origin.
1990s In 1994, just a day before the premiere of the British documentary Beyond Citizen Kane at the Rio de Janeiro Modern Art Museum, the Military Police confiscated the copy of the film, obeying a court warrant. The film takes a critical approach towards the establishment of Rede Globo, the largest television broadcaster in the country, explaining its ties to the military dictatorship. However, bootleg copies of the documentary became available on video-sharing websites such as YouTube and Google Video. On 20 August 2009, the newspaper Folha de S.Paulo reported that RecordTV bought the broadcasting rights to the documentary. This happened after a series of mutual attacks between Globo and RecordTV because of an investigation conducted by the Public Ministry against members of Universal Church of the Kingdom of God, founded by Edir Macedo, who is also owner of RecordTV.
The song "Luís Inácio (300 Picaretas)" by rock band Os Paralamas do Sucesso, from their 1995 album Vamo Batê Lata, was banned in the Federal District. The song alludes to a statement made by the current Brazilian President Luiz Inácio Lula da Silva in which he said that the Chamber of Deputies is formed by 300 bastards and a minority of honest men. Deputy Bonifácio Andrada of the Brazilian Labour Party of Minas Gerais, outraged with the song, managed to ban it from a concert the band would perform in Brasília on 23 June 1995 on the basis the song was offensive to an electoral candidate. Other deputies joined Andrada in his crusade against the song, but it was ultimately banned only from radio airplay.Excerpt of the book Os Paralamas do Sucesso: Vamo Batê Lata by Jamari França on Google Books.
In 1997, a law forbidden "to use trickery, montage, or other audio or video feature that, in any way, degrade or ridicule a candidate, party or coalition, or to produce or display program with that purpose" three months before a political election was created. In 2010, this law was questioned by Brazilian Association of Radio and TV and humorists and Supreme Federal Court (STF) suspended its effect.
2000s In 2003, when Senator Eduardo Azeredo of the Brazilian Social Democratic Party of Minas Gerais proposed a bill to curb digital crimes (known as "the digital AI-5"), he was heavily criticized by Internet users, who felt that it would force Internet service providers to act as watchdogs, since they would have the legal obligation to denounce possible illegal activities.
In 2005, the rock band Bidê ou Balde faced legal problems after the release of their song "E Por Que Não?" (And Why Not?) on the MTV Brasil special album Acústico MTV Bandas Gaúchas (MTV Acoustic Gaúcha Bands). The song was seen by some as encouraging incest and pedophilia. After several lawsuits from women's and children's right organizations, MTV felt pressured to re-release the album without the track and to stop showing its music video. The lyrics of the song, however, can still be found on the Internet.E Por Que Não? by Bidê ou Balde's lyrics on Letras.mus (in Portuguese).
In February 2007, two court cases were settled when an agreement was reached that all copies of the book Roberto Carlos em Detalhes, an unauthorized biography of singer Roberto Carlos by journalist Paulo César de Araújo, would be repurchased from bookstores.Araújo, Patrícia (27 April 2007). "Editora aceita recolher livro de Roberto Carlos, que desiste de indenização" (Publisher accepts collect book by Roberto Carlos, who gives up compensation), Globo.com. (English translation) The singer's attempt to censor the book proved to be a failure, since copies can be easily found on the Internet.Roberto Carlos em Detalhes (Roberto Carlos Details) , Paulo Cesar de Araújo, Editora Planeta, 2006, on Scribd.
On 18 January 2008, a court order prohibited the sale of the games Counter-Strike and EverQuest in Brazil, arguing that they were extremely violent."Electronic Arts suspende a venda de 'Counter-Strike' no Brasil" (Electronic Arts suspends sale of 'Counter-Strike' in Brazil), Globo.com, 22 January 2008. (English translation) The move has been described by media as a publicity stunt on the regulation of video game violence and sexually explicit content, and also as a hasty decision that ignored much more violent games. As all versions of Counter-Strike were very popular in Brazil at the time, the decision was met with considerable uproar by the Brazilian gaming community. The game's developer Valve did not comment on the episode. However, on 18 June 2009, a regional federal court order lifting the ban of Counter-Strike was published."Justiça libera venda do game 'Counter-Strike' no Brasil" (Justice releases the game 'Counter-Strike' for sale in Brazil), Globo.com, 18 June 2009. (English translation)
On 22 September 2008, Minas Gerais PSDB attempted to censor a documentary about censorship: "Gagged in Brazil", by Daniel Florencio."Gagged in Brazil – Censura na Imprensa", 8:37 video available on YouTube, 20 May 2008, retrieved 24 June 2013 The short film elucidates the imbrication between politics and media in the state of Minas Gerais, where the media only conveyed news favorable to the state government, censoring journalists that were critical of governor Aécio Neves."Brazil: Attempts to censor a documentary about censorship", Paula Góes, Global Voices Advocacy, 20 November 2008.
On 30 July 2009, Fernando Sarney, son of former President and Senator José Sarney, obtained a favorable decision from the Federal District Court of Justice that kept the newspaper O Estado de S. Paulo from publishing stories about a criminal investigation conducted by the Federal Police against him.,Recondo, Felipe (31 July 2009). "Justiça censura Estado e proíbe informações sobre Sarney", O Estado de S. Paulo. as Brazilian law prohibits disclosure of the status of criminal investigations before they are concluded. Later that year, the STF rejected a suit by the newspaper seeking to overturn the ruling, thus maintaining the information unavailable.Notícias STF. "Arquivada ação do jornal O Estado de S. Paulo contra proibição de veicular matérias sobre Fernando Sarney" The NGO Reporters Without Borders called the Supreme Court decision "incomprehensible" and "dangerous."Comunique-se (12 December 2009). "Para RSF, manutenção de censura é “incompreensível” e “perigosa”" After the investigation was finished, and Fernando Sarney was charged for his crimes, the censored information was released to the public.
2010s In April 2010, Google reported that Brazil was the country with most requests from its government to take down content. In June 2010, Brazilian Election Justice through Superior Electoral Court requested Google to remove two blogs: "amigosdopresidentelula.blogspot.com" and "euqueroserra.blogspot.com", which were deemed as political propaganda for Dilma Rousseff and José Serra respectively.
On 9 August 2011, the Federal Justice of Minas Gerais blocked the distribution of A Serbian Film, a 2010 Serbian horror film, in Brazil. This was the first time a movie was banned in Brazil since the promulgation of the 1988 Constitution."'A Serbian Film': Lançamento no país é proibido novamente" ('A Serbian Film': Release in the country is banned again) , Cine Pop, 8 September 2011. (English translation) As of 2012 this decision has been overturned and the film given a "not recommended for those under the age of 18, due to depictions of sex, pedophilia, violence and cruelty" rating.
In September 2012, an elections court in Brazil ordered the arrest of Fábio José Silva Coelho, Google's most senior executive in the country, after the company failed to take down YouTube videos attacking a local mayoral candidate. The stringent 1965 Electoral Code bans campaign ads that “offend the dignity or decorum” of a candidate. Google is appealing the order, which comes after a similar decision by another Brazilian elections judge. In that case, the judge found a different senior executive responsible for violating local election law after the company refused to take down a YouTube video mocking a mayoral candidate. That decision was overturned by another judge who wrote that “Google is not the intellectual author of the video, it did not post the file, and for that reason it cannot be punished for its propagation.” Google also defended users’ political rights saying "that voters have a right to use the Internet to freely express their opinions about candidates for political office, as a form of full exercise of democracy, especially during electoral campaigns”.
In 2016, Federal Deputy for São Paulo Eduardo Bolsonaro, son of Deputy Jair Bolsonaro, introduced a bill to amend the "Anti-racism law" to also ban promotion of Communist ideals and the use of Communist symbols, and to also ban fomentation of conflict between social classes.
2020s In November 2021, then 84 years old Brazilian movie director Reynaldo Paes de Barros, most known for directing photography for a movie adaptation of the novel Menino de engenho, was convicted of racism for the screening of his short film Matem... Os Outros!, following protests from Indigenous people's rights activists. The film portrays a group of Brazilian southerners travelling together while speaking racist rhetoric against the indigenous peoples of Brazil. Paes de Barros was fined and sentenced to two years in prison, converted into community service. The MPF (Public Prosecutor's Office) has objected to the decision, arguing the filmmaker's penalty should be much higher.