By Contributing Reporter
RIO DE JANEIRO, BRAZIL – The Appellate Court of the State of Rio de Janeiro, an en banc session, deemed unconstitutional the state law regulating cultural demonstrations in trains, stations, subways and ferries. These venues are no longer open to performers.
Such performances were approved by a law passed in 2018, which was immediately challenged in court by then state deputy, Flávio Bolsonaro, who is now a senator.
According to the reporting judge of the case, performances unlawfully disturb the peace and quiet of passengers, who are a captive audience. A majority of the court agreed with this position.
“The diffusion of cultural demonstrations must not prejudice public peace, comfort, and security. Passengers should be able to decide whether or not they want to hear the performances,” Nunes said.
Only Judge Nagib Slaibi Filho dissented. According to him, the companies that manage ferries, trains, and metrô have the power to decide whether or not to accept cultural demonstrations in transports. As such, the law does not breach the constitution, he averred.
However, all other members of the full court, sitting en banc, followed the reporting justice’s vote and declared Article 4, Paragraph 3, of state Law 8.120/2018 unconstitutional.
The law defines cultural displays to include vocal and instrumental musical performances, poetry readings, theatre, dance, and other artistic performances.