March 29, 2022

12:03

Malu Dacio – from Cenarium Magazine

MANAUS – The federal lawmaker from the State of Amazonas, Marcelo Ramos (PSD), filed, this Monday, 28th, at the House of Representatives, the Bill no. 721/2022, which changes the Law no. 9.504, from September 30th, 1997, the same law that establishes rules for elections. Ramos’ PL includes in the text of the elections that there will be no impediment for artists to manifest political positioning during or after the electoral period.

The PL was suggested after the party of President Jair Bolsonaro (PL) sued the Superior Electoral Court (TSE) against the organization of the Lollapalooza festival for alleged irregular electoral propaganda in benefit of former president Luiz Inácio Lula da Silva.

The bill includes paragraph 4 to article 36-A of Law No. 9.504, of September 30, 1997. “Art. 36-A. It does not constitute anticipated electoral propaganda, as long as it does not involve an explicit request for a vote, the mention of the intended candidacy, the exaltation of the personal qualities of the pre-candidates, and the following acts, which may be covered by the media, including, via the Internet.

With the new article, becoming the 4th, it is determined that there is no impediment for the artist to manifest his political position, through his work, in shows and performances, whether before, during or after the election period.

To CENARIUM MAGAZINE, the lawmaker defended the importance of the project and said that even this week, in Brasilia, he will work together with his peers for the project’s approval to happen in the House and achieve success.

“The bill is the translation of what has already been understood by the STF in judgments on the subject, but it will provide greater security and avoid absurd decisions that may curtail the free expression of thought,” said the lawmaker.

Marcelo also stressed that freedom of expression is one of the foundations of democracy. In the house, the project is in the status that awaits the dispatch of the President of the House of Representatives.

Ramos said that the suggestion of the bill came through the advisory of his party, the PSD, and he believed that the theme is absolutely pertinent.

Justification

The PL highlights the importance of freedom of expression in its text. “The CF/88, a true landmark in the recent democratic history of the country, established freedom and equality as the main elements for the development of human dignity,” begins the text.

The justification also says that in the Direct Unconstitutionality Action (ADI 5.970), the Federal Supreme Court – STF makes an extensive defense of freedom of expression in the political-electoral context, stressing that the ultimate goal is to promote the opportunity for information to reach the voter.

“With this, to stimulate and expand the public debate, to allow voters, indispensable participants of the process, the maximum content, data and knowledge,” the text adds.

“Thus, every citizen is guaranteed freedom of expression, whether favorable or against this or that candidate. And this, of course, includes artists. They are guaranteed political expression in their shows or performances, whether before, during, or after the electoral period,” says another excerpt.

Understanding the case

The discussions about artists’ political manifestation began when on the first day of the Lollapalooza 2022 music festival, singer Pabllo Vittar criticized the Bolsonaro government during her show at the event. The president’s party asked the TSE that political demonstrations be suspended during the artists’ performances.

Classified as “censorship”, “coup” and “mistaken”, the measure did not go unnoticed by the artistic class and specialists in law and history. On the last day of the event it was heard: “And the prеsident, basically / Wants to exterminate you / And the fascist ideal / Has already conquered your family nucleus,” sang Lucas, just before shouting the first “Out Bolsonaro” of the day. The message was also displayed on the big screen in the background of the band.

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