Federal Supreme Court votes for unauthorized biographies

The majority of ministries at the Federal Supreme Court ruled on Wednesday (Jun 10) that demanding previous authorization for the publication of biographical works is unconstitutional. Up to now, six ministers have spoken their minds referring to the requirement as a form of pre-release censorship.

Supreme court justices at the plenary session followed the ballot of Minister Cármen Lúcia, rapporteur in the direct action on inconstitutionality from the National Book Publishers' Association (Anel) against lower court decisions which banned unauthorized biographies from release.

The rapporteur decision was backed by Ministers Luís Roberto Barroso, Rosa Weber, Luiz Fux, Dias Toffoli and Gilmar Mendes. Still uncast are the votes of Ministers Marco Aurélio, Celso de Mello, and Supreme Court head Ricardo Lewandowski. As justices of the top court total 11, the six votes against the ban of unauthorized biographies already make up the majority.

According to the rapporteur, requiring authorization from the object of biographical works is unconstitutional. In spite of ensuring the freedom of biographers, Minister Cármen Lúcia noted that material compensation may be due in cases of abuse.

Translated by Fabrício Ferreira