Back to Index of Limits on Freedom of Expression

Freedom of speech is protected under the Constitution.  The Internal Rules of the National Congress as well as the Internal Rules of the Chamber of Deputies and Federal Senate do not allow the interruption of parliamentary speech.  In addition to freedom of speech generally, the Constitution also specifically provides for freedom of the press. 

I. Scope of Protection of Freedom of Speech

According to article 5 of the Brazilian Constitution, everyone is equal before the law, with no distinction whatsoever, guaranteeing to Brazilians and foreigners residing in the country the inviolability of the rights to life, liberty, equality, security, and property, on the following terms:

II - no one shall be compelled to do or refrain from doing something except by force of law;

IV - manifestation of thought is free, but anonymity is forbidden;

V - the right of reply is assured, in proportion to the offense, as well as compensation for pecuniary or moral damages[2]or damages to reputation;

IX - expression of intellectual, artistic, scientific, and communication activity is free, independent of any censorship or license;

X – personal intimacy, private life, honor and reputation are inviolable, guaranteeing the right to compensation for pecuniary or moral damages resulting from the violation thereof;

XIII – exercise of any job, trade or profession is free, observing the professional qualifications that the law establishes;

XIV - access to information is assured to everyone, protecting the confidentiality of sources when necessary for professional activity.[1]

Article 220 further determines that the expression of thoughts, creation, speech, and information, through whatever form, process or vehicle, must not be subject to any restrictions, observing the provisions of the Constitution.[2]

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II. Right to Interrupt Public Speech (e.g., by hecklers)

No information on a general right of hecklers as a form of free speech was located.  Specific rules against the interruption of parliamentary speech in the National Congress are discussed below.

A. Common Rules of the National Congress

The Common Rules of the National Congress (Regimento Comun do Congresso Nacional) determine that  on the floor, only legislators, officials in service to the plenary, and, in their respective benches,  representatives of the press accredited by the legislature will be admitted.[3]

During the joint sessions of the Congress, the galleries will be made available to the public.  No manifestation of support or disapproval of what happens in the plenary or actions that can disturb the work is allowed.[4]

B. Internal Rules of the Federal Senate

In public sessions, in addition to the senators, only alternate senators, federal deputies, former senators, including alternate senators who have exercised their mandate, and ministers of state when they appear for the purposes set forth in the Internal Rules of the Federal Senate, and Senate officials who are on duty will be admitted to the plenary.[5]  During public sessions, the bench designated for the press cannot hold people other than press professionals.[6]

All persons are allowed to attend the public sessions, in the galleries, provided they are unarmed and keep silent, without giving any sign of applause or disapproval of what happens there.[7]

C. Internal Rules of the Chamber of Deputies

Article 73 of the Internal Rules of the Chamber of Deputies determines, among other things, that for the maintenance of order, respect, and austerity of the sessions, the following rules must be observed:

II - conversation that disturbs the reading of documents, calls for voting, communications from the bureau, speeches and debates will not be allowed;

VI - no Deputy will be allowed to speak without asking the floor and without the President granting it, and only after this concession will the reporter begin the taking of the speech;

VII - if a Deputy intends to speak or remain in the  podium against the internal rules, the President will warn him or her; if, despite this warning, the Member persists in speaking, the President must end his or her speech;

IX - if a Deputy disturbs the order or the procedural progress of the session, the President may censure him or her orally or, according to the gravity, promote the application of the sanctions provided for in the Internal Rules;

XIII - the speaker may not be interrupted, except with his or her special permission, and in the case of a relevant communication that the President has to make; [8]

A Deputy may only speak in accordance with the express terms of article 74 of the Internal Rules.[9]

On the floor, during the sessions, only deputies and senators, former parliamentarians, staff of the Chamber and accredited journalists will be admitted.[10]  The public will be allowed access to the surrounding galleries to attend the sessions, without communicating with the plenary.[11]

Print, radio, and television outlets may obtain accreditation of their correspondents, including foreign correspondents, for the exercise of reportage concerning the Chamber of Deputies and its members.[12]  Only journalists and accredited press professionals will have access to the private premises of the Chamber of Deputies, other than the exceptions provided in the regulation.[13]

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III. Availability of Mechanism to Control Foreign Broadcasters Working on Behalf of Foreign Governments

Article 220 (§ 1) of the Constitution determines that no law shall contain any provision that may constitute an impediment to full freedom of the press, in any medium of social communication, observing the provisions of art. 5 (§§ IV, V, X, XIII, and XIV).[14]  Brazilian courts have upheld freedom of the press as an essential tool for the effective functioning of democracy.[15]  No legislation or case law was found specifically addressing foreign broadcasters.

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Prepared by Eduardo Soares
Senior Foreign Law Specialist
June 2019

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Last Updated: 12/30/2020