LAWSUITS AGAINST HUMORISTS IN RECENT BRAZILIAN HISTORY

Abstract

From the analysis of 486 judgments given between 1997 and 2014 by the Supreme Court (STF), by the Superior Court of Justice (STJ), and by the Courts of Justice (TJ) in of all Brazilian federal units, this article summarises the central issues discussed in lawsuits filed by people who felt offended and seek pecuniary reparation in view of cartoons, television skits, satirical texts and other humorous demonstrations. First, it’s observed that some cuts are concerned with qualifying the text as humorous and underline the comic intention of its author, so as to establish parameters of judgement different from those other forms of manifestation of thought constitutionally protected. Nevertheless, a rapprochement with standards built by the jurisprudence for news is often practiced, not always and not necessarily applicable to humorous demonstrations. In another portion of the cases, there’s an appreciation of aesthetic questions by the magistrates, which is a reckless one.