Biographers in Brazil No Longer Need Approval

In Brazil, biographers can publish their work without prior consent from the subject or anyone else involved in the story. If the individual is deceased or missing, approval from their family isn’t required either. But this wasn’t always the case.

In the past, individuals used to block the publication of unauthorized biographies by invoking the right to privacy. But in 2015, the Supreme Court put an end to that. In a pivotal decision based in part on the Constitution, it ruled that freedom of expression and access to information must prevail. This is particularly true when the subject is a public figure.

That doesn’t mean authors have carte blanche to write whatever they want. While prior approval isn’t required, publishers and writers remain accountable under civil law. If a biography includes false claims or the content harms someone’s reputation, the subject can still sue for defamation or invasion of privacy. In fact, the STF made clear that not requiring authorization doesn’t limit or restrict a subject’s access to courts and due process in case of violation of rights.

The ruling brought clarity to writers and publishers who once operated in a legal gray area. Several high-profile biographies were previously pulled from circulation, including a well-known case involving the biography titled Roberto Carlos em Detalhes about singer Roberto Carlos.

Today, documenting someone’s life story in Brazil comes with far fewer legal hurdles. Just make sure your work is accurate and fair. You don’t need permission, but truth and accuracy still matter.