Câmara pode avançar nesta quarta-feira na votação do projeto que libera biografias não autorizadas

O deputado Newton Lima (PT-SP), autor do projeto que prevê a publicação desse tipo de obra independente da autorização da pessoa biografada ou da família, conseguiu convencer os líderes partidários a votar a urgência da matéria. Com a aprovação da urgência para o projeto, ele passará a ter prioridade na pauta da Câmara. A intenção é votá-lo antes do dia 28

Agência Brasil

Newton Lima é autor do projeto de lei para alterar o artigo 20 do Código Civil (Foto: Divulgação)
Newton Lima é autor do projeto de lei para alterar o artigo 20 do Código Civil (Foto: Divulgação)

A Câmara dos Deputados pode avançar nesta quarta-feira (23) na votação do projeto de lei que libera as biografias não autorizadas. O deputado Newton Lima (PT-SP), autor do projeto que prevê a publicação desse tipo de obra independente da autorização da pessoa biografada ou da família, conseguiu convencer os líderes partidários a votar a urgência da matéria.

Com a aprovação da urgência para o projeto, ele passará a ter prioridade na pauta da Câmara. A intenção é votá-lo antes do dia 28, quando as votações em plenário ficam trancadas pelo projeto do Marco Civil da Internet. Mas existe a possibilidade de o projeto ser votado ainda hoje, logo depois da aprovação da urgência.

Para garantir que o texto avance, Lima precisou ajustar pelo menos uma recomendação. Diante do temor de que a retirada de autorização abrisse espaço para publicações de fatos ofensivos, calúnias e difamações, o deputado Ronaldo Caiado (DEM-GO) apresentou uma emenda que altera o rito judicial para retratação nesses casos.

Para Newton Lima, a emenda soluciona a principal polêmica do texto. “Pode ser que uma obra traga informação ofensiva e a Justiça é muito lenta. Isso dará maior celeridade nesses casos”, concordou o autor, que vai apresentar hoje um texto com a nova adaptação, sabendo que, em plenário, mais deputados ainda podem apresentar emendas.

“Mas o ânimo do Colégio de Líderes foi muito favorável a uma composição de que votaríamos o projeto como ele foi aprovado nas comissões, acabando com a censura prévia, mas introduzindo um elemento que é um rito diferenciado no Judiciário”, disse.

O tema está entre os pontos do projeto de lei que reforma o Código Civil. Pelas regras atuais, o código autoriza a publicação de livros e filmes biográficos, porém mediante a autorização direta da pessoa exposta ou o consentimento de parente, se o biografado tiver morrido.

Pelo projeto de lei que está em discussão (393/2011), as biografias não autorizadas serão válidas para personalidades públicas vivas ou mortas, independentemente de autorização prévia.

A proposta de Lima estava tramitando em caráter conclusivo nas comissões da Câmara e já tinha sido aprovada pela Comissão de Educação e Cultura e pela Comissão de Constituição e Justiça (CCJ), mas um recurso apresentado pelo deputado Marcos Rogério (PDT-RO) direcionou a decisão para o plenário.

Marcos Rogério explicou que a questão precisa ser debatida “com mais profundidade”. O recurso fez com que o projeto ficasse parado nos últimos seis meses, em uma fila com 1,2 mil propostas que aguardavam ser incluídas na pauta de votações do plenário.

O acordo das lideranças pode significar o avanço definitivo do texto na Câmara, já que a matéria ainda precisa ser analisada pelos senadores. Mesmo que Lima inclua a sugestão de um novo rito judicial em casos de difamação e calúnia, Marcos Rogério pretende mostrar que o conflito de direitos ainda persiste.

“Quando apresentei recurso, queria que assunto fosse levado a plenário porque é um tema polêmico que trata do acesso à informação, mas também ao direito de privacidade. Tenho preocupação porque, embora o projeto queira alargar a publicidade de biografias, não podemos perder de vista a questão da privacidade”, explicou.

Para Marcos Rogério, a emenda costurada entre os líderes não resolve o problema. O parlamentar acredita que o Código Civil atual reflete os termos constitucionais sem precisar de ajustes. “Mas se há o sentimento de que é preciso inovar, vamos inovar sem comprometer as garantias constitucionais. A manifestação do pensamento é livre pela Constituição, mas quando trata da privacidade é direito inviolável. Quando se tem dois direitos conflitando, é preciso analisar aquilo que é mais coerente: o direito de acesso à informação por curiosidade ou o direito de privacidade das pessoas”, argumentou.

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