In current #BrazilianLaw, the #MoralRights of audiovisual works being exclusively to the #director. (article 25 of law 9,610/1998)

I think this is ridiculous and that such rights should be extended to all non-extra #actors of an audiovisual work.

And the right to remove a work from circulation should be extended to cases where promises made by the directors, producers and others were not kept.

I see this as an important check and balance to the power directors and producers have over actors.

I've been thinking about discussions around women in #porn and how it affects their careers and how they are mistreated and the apparently simple (partial) solution I don't see anyone talking is: extend and strengthen #MoralRights to actors!

Moral rights are like #copyright but they are inaliable (not even contracts can dispell or transfer them) and in #BrazilianLaw they include, among others, the right for an author to remove their work from circulation when it harms their reputation.

The more I try to understand the crimes of "incitação ao crime" (inciting crime; article 286) and "apologia ao crime" (lit. apology of crime; article 287) the more complicated it gets. There seems to be just no agreement on anything about these crimes.

"apologia" here means: speech or text that defends, justifys, or praises something (specially some doctrine, action, or work).

#BrazilianLaw

Instead of studying #LinearOptimization like I was supposed to, I spent hours retouching my #translation of #ADO26 to the point I'm finally comfortable in publishing it.

This is the ruling that made #queerphobia a crime in #BrazilianLaw.

https://www.gabri.dev.br/en/trans/ado26-decision/

@SapphicLawyer @MasonBee @massimofichera

@MasonBee @ricardoharvin Do you have any ideas for how the justice system could be reformed to avoid so much emphasis on #StareDecisis? Perhaps some rule that precedents must be re-examined every 100 years? Or some mechanism for legislatures to ask/order supreme courts to re-examine old (50+ years) precedents?

I'm not a lawyer but I enjoy #law as a topic of study and discussion. I'm most familiar with #BrazilianLaw and #UsLaw.

@SapphicLawyer @usernameswift Yay! What do you already know/guess and what's your knowledge of Portuguese, Spanish and French? (this is so I know what I need to translate and what language to translate to)

According to Wikipedia, Brazil uses a Napoleonic-Germanic Civil Law system.

However, we have introduced more Common Law features (like "Súmulas Vinculates", a kind of binding precedent) in recent years.

Here's are a thread of mine you might like
https://tech.lgbt/@gabri/109382739981108968

#BrazilianLaw

@usernameswift @SapphicLawyer Yay! Two more trans folks into law. I really like law as a topic but not enough to ever become a lawyer.

Feel free to talk to me whenever you want someone to chat about legal issues. (specially ones about #BrazilianLaw)

I find it funny that #Brazilian #NicknamingCulture is so widespread here that even some of our constitutions had nicknames.

1824: A Outorgada [The Imposed one] - Because Dom Pedro I dissolved the Constituent Assembly

1937: A Polaca [The Polish one] - Because then dictator Getúlio Vargas basically copied the Polish fascist constitution

1946: A Culta [The Cult one] - Because of its "cult" and "refined" writing style

1988: A Cidadã [The Citizen one]

#BrazilianLaw #BrazilianHistory #Law

In light the recent events in Colorado, I think it would be interesting to share the fact that #BrazilianLaw considers #transphobia and #homophobia as forms of #racism, which is punishable by jail time.

In the attached image, there's a segment of the original text of the #ADO26 ruling by the Brazilian Federal Supreme Court (STF) on June 13, 2019 and my translation of that segment. (alt text of the image is only the translation)

Note: I'm neither a lawyer nor a professional legal translator.