Politics · Brazil · 5 hrs ago

Brazil’s Supreme Court backs obscenity law, with limits on how it applies

Brazil’s Supreme Court backs obscenity law, with limits on how it applies

Brazil’s Supreme Federal Court has five votes to uphold the crime of public obscenity under the country’s Penal Code.

The law allows detention for three months to a year, or a fine, for obscene acts in public places, but does not define what counts as obscene.

The five justices who voted to uphold it also proposed excluding cultural and artistic expression from punishment, with one justice saying the law should cover only conduct with sexual meaning.

Some justices questioned whether local standards of modesty could lead to different outcomes across Brazil.

The case also raised concerns about protesters being punished, including a woman convicted after taking part in a 2013 protest in Guarulhos with her breasts exposed.

The hearing was suspended, and five justices have yet to vote; the court has not set a date to resume.

Because the case has nationwide effect, the court’s final position will guide similar cases across Brazil.

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What people are saying

Luiz FuxSupreme Federal Court justice and case rapporteur
This allows the rule to adapt to changing customs without becoming obsolete.
via CNN Brasil
Its limits are set by common sense, which is fully predictable for any citizen.
via CNN Brasil
Soraia MendesLawyer speaking for the Latin American and Caribbean Committee for the Defense of Women’s Rights
Values such as modesty and propriety, historically associated with women, should not restrict the right to protest.
via CNN Brasil