Dear all,
We are very glad to share with you a very important legal decision for the discussion on
the regulation of community networks in Brazil.
The [
https://international.stj.jus.br/en/About-the-STJ | Superior Court of Justice ]
(STJ, in Portuguese), one of the highest organs of the Brazilian Judicial branch,
confirmed the decision of a lower federal court that acquitted a man accused of illegally
developing telecommunications activities (internet radio service) in a city in the State
of São Paulo. Although not binding, it is a very positive precedent.
The extinction of the punishment regarding the crime of article 183 of [
http://www.planalto.gov.br/ccivil_03/leis/l9472.htm | Law 9.472/1997 ] , described above,
occurred on the grounds that the [
https://www.anatel.gov.br/legislacao/resolucoes/2017/936-resolucao-680 | Resolution
680/2017 ] of the National Telecommunications Agency (Anatel, in Portuguese) gave new
wording to the Resolution 614/2013. As of this change, it is no longer necessary to be
granted a license to operate the multimedia radiation communication service restricted to
up to five thousand users.
In this case, the city in which the events took place has less than 40 thousand
inhabitants, and it was shown that the telecommunication activity was carried out
according to the new standards provided by Anatel. It is also worth noting that this year
Anatel recognized the important role of community networks in the access of
telecommunications services on its [
https://www.anatel.gov.br/setorregulado/redes-comunitarias | website ] .
More information about the decision can be found, in Portuguese, on the STJ website: [
http://www.stj.jus.br/sites/portalp/Paginas/Comunicacao/Noticias/06082020-M…
|
http://www.stj.jus.br/sites/portalp/Paginas/Comunicacao/Noticias/06082020-M…
]
We are available to answer any questions or discuss further.
Kind Regards,
Laura Conde Tresca
ARTIGO 19
Defendendo liberdade de expressão e informação
T +55 11 3057-0042 | 3057 0071
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http://www.artigo19.org/ |
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