08/03/2009

The justice system and freedom of expression

CARLOS EDUARDO LINS DA SILVA
ombudsman@uol.com.br

The case of the child whose guardianship is being fought by an American father and Brazilian stepfather shows how the justice system has been a tool of repression

On Sept. 16 last year, Folha published an intriguing and dramatic story about the case of a boy, the son of an American father and Brazilian mother, who brought him illegally to this country in 2004.

The two fought in the courts of their own countries for custody of the child. The one in the United States decided that he should be returned there; the one in Brazil said he should stay here.

The episode took on even more moving dimensions because the mother died in August 2008 and the stepfather went to court in Rio to replace the name of the biological father with his own on the boy's birth certificate.

The report had a mysterious tone by advising that all the names cited were fictitious but did not explain why, while it indicated that the reason was the case was being held "in judicial secrecy," alleged by the lawyers of the mother and stepfather in not speaking to the newspaper.

The story returned on Sept. 20 when the father was prevented by the court in Rio from visiting his 8-year-old son, whom he had not seen since he had left the United States with his mother.

On Sept. 27, another small item reported that the federal Advocate General's Office would take the case to a federal court in Rio to ask that the boy be returned to his father. After that, Folha was silent.

In November, the magazine "Piauí" opened it up: it gave the real names of the people involved, carried their photos and other details. And it revealed that the case had become a big success in the American media and on the Internet and could get the power of the state, since the governor of New Jersey, senators and the U.S. ambassador in Brazil had mobilized in favor of the father.

Folha, however, did not return to the topic, except for a brief on Feb. 12 which said that the Supreme Court had decided that the case would be heard in a federal court.

In recent weeks, information circulated in diverse media that President Luiz Inácio Lula da Silva would be the target of protests during his visit to Washington next week and that President Obama would make an appeal to him.

This Thursday, after Secretary of State Hillary Clinton spoke publicly about the topic, the newspaper finally returned to the topic with emphasis and with the real names of the people in the news.

On Friday, after the boy's father appeared on the Larry King Show on CNN, the newspaper published an interview with his lawyer.

I asked the managing editor why, after publishing the scoop, the newspaper abandoned it despite knowing the interest that it aroused. The response was: "There was a decision by the court in Rio at the end of September which prohibits Folha from referring to the facts in the case in the state court, which are secretive. Folha is appealing this."

The newspaper, like others, must abide by court decisions, while it can (and should) in exceptional circumstances (this case does not appear to fit this concept) practice civil disobedience.

This story is only one example of how the justice system recently in Brazil has frequently been an instrument of restricting freedom of expression and of the press.

There are diverse episodes in judicial jurisdictions which impose censorship, seize editions, take sites off the air, restrain journalists for often casuistic reasons, of a personal interest of judges or even totally absurd.

Plenty of space for Ronaldo; lack of space in the sports section

Ronaldo, "the phenomenon," is one of the best soccer players in history, the best striker in World Cups. It is justifiable that news organizations follow his career for the interest it has elicited in millions of people.

But since he was signed by Corinthians, Folha has shown an obsession with him that at times is foolish and other times pathological.

During the 84 days between his signing and the day before yesterday, the newspaper published 70 photos of Ronaldo. Training, goofing around, watching games, cutting his hair, from the front, back and side.

In many, the intention to stand out was evident. References to his physical condition are frequent, not always in good taste, with expressions such as "powerhouse" and "fatso returns."

This fixation already exceeded the limits on July 6 when photos were put side by side of a "pregnant" transsexual and Ronaldo with a protruding belly.

The most serious was this excessive space and expenditure while hundreds of readers complain to the sports section about its inability to meet their expectations for coverage of their soccer teams (such as Portuguesa and the big ones in other states) and other kinds of sports.

The response by editors that they lack space, resources and people to cover everything simply does not stick given the waste of space on Ronaldo.

To read

"Man and Boy," by Tony Parsons, translated by Pedro Jorgensen Jr., Sextante Publishers, 2002, (starting at 24.43 reals, or US $10.25) - autobiographical story of the author and journalist, who after his divorce got custody of his son, with whom he then lived alone

To see

"Kramer vs. Kramer," by Robert Benton, with Dustin Hoffman and Meryl Streep, 1979 (starting at 19.90 reals) - story of a couple who divorce, decide initially that the only child will stay with the father and afterward fight for custody in court

Who are letters to the editor?
Letters:
50 from readers
7 from people in the news

Centimeters:
423 from readers
81 from people in the news
*from Feb. 28 to March 6, 2009

Topics most commented during the week
1. Editorial that mentioned former military dictatorship
2. Soccer topics
3. Economic crisis

What Folha did right...

Role of grandparents

A column in the health supplement carried an important discussion about the new role of grandparents, their role in the family and its positive consequences

...And where it did badly

Letters to the editor
To reproduce with more faithfulness the reaction of readers who commented on the Feb. 17 editorial which mentioned the former military dictatorship, the section should have published more letters about it than it did

OP-ED
To guarantee perfect balance, after having published on Thursday an opinion piece which defended the thesis that the Brazilian dictatorship was less repressive than those in neighboring countries, the same space should be offered the next day to those who think the opposite

Chinese package
All the media, including Folha, reported a package to stimulate the Chinese economy, which in the end did not exist but was a case of excessive credulity based on only one source

Worth remembering
Cases that need to be looked at again

In March 2008, Folha reported that 34,000 people who rely on the public health system were on the waiting list for radiotherapy for, among other reasons, for lack of equipment. What is the situation now?

-Translation by John Wright