Supreme court rules that journalists do not need to have a degree

first_img November 23, 2006 – Updated on January 20, 2016 Supreme court rules that journalists do not need to have a degree 2011-2020: A study of journalist murders in Latin America confirms the importance of strengthening protection policies Reports RSF_en April 15, 2021 Find out more Reporters Without Borders is to challenge a ruling by Brazil’s Superior Court of Justice (STJ) that journalists must possess a university degree to be allowed to do their job, which it pronounced to be in line with the Constitution.“A journalist is someone who handles or produces news and information,” the worldwide press freedom organisation said. “Even if we understand professional organisations calling for a higher level of education, it seems to us to run contrary to press freedom and even to the right to inform people in general, to systematically demand that journalists should be university-educated”.“Journalistic competence does not a priori depend on entitlement but on experience in the job. Moreover, President Luiz Inácio Lula da Silva himself signed the Chapultepec Declaration on 3 May 2006 on freedom of expression and information which declared optional the possession of a degree and affiliation to a professional body. This was a complete break with the law-decrees dating back to the military dictatorship, which the STJ invoked to justify its decision”, said Reporters Without Borders. Judges in the first section of the STJ, one of the two highest federal jurisdictions in the country, decreed on 8 November that obligatory possession of a university degree in communications to be able to work as a journalist was in line with the Constitution.The ruling came at the end of a lengthy legal case started last year by José Eduardo Marques, doctor and consultant on a health communications programme in Bauru, São Paulo state. The doctor had obtained the status of precarious journalist (registro precário) in the framework of public civil aid. A ministry of work ruling abolished this status, since it did not require an ad hoc degree in social communications. Eduardo Marques appealed, saying that the ministerial decision was contrary to Article 5 – XIII of the Constitution, which allows the exercise of any work, responsibility or profession as long as it meets legal requirements. The doctor won his case in a lower court, but it was overturned by São Paulo’s regional federal tribunal (TRF) in October 2005.Eduardo Marques’s last appeal before the STJ then failed. In the grounds for its decision, the court relied on law-decree 972, regulating the profession of journalist, adopted under the military dictatorship in 1969. It also drew his attention to law-decree 83.284 of 1979, instituting the status of “contributor”. The decision was hailed by journalists’ associations. The judges of the Federal Supreme Court (STF) yesterday unanimously resolved that it should not be compulsory for anyone working as a journalist to have a university degree. The STF was asked to rule on this issue the same day that the Superior Court of Justice (STJ), another senior federal court, voted unanimously to make it obligatory for journalists to have a degree.Journalists’ unions and professional organisations yesterday immediately protested against the supreme court’s ruling, but Reporters Without Borders supports it, believing that anyone producing or handling news and information may be regarded as a journalist regardless of whether or not they have a degree.___________________________________________________________20.11.06 – One high-level court finds against another over compulsory degree for journalistsHours after the Superior Court of Justice (STJ) unanimously adopted a ruling on 8 November 2006, making it compulsory to possess a university degree to work as a journalist, the other top Brazilian jurisdiction, the Federal Supreme Court (STF), ruled in favour of maintaining the precarious registers (registros precarios), including for journalists. A São Paulo doctor, José Eduardo Marques, who acted as consultant on a health communications programme, had himself listed as a journalist on the precarious register before it was cancelled by the Ministry of Work. The doctor then took legal action and the STJ found in favour of the administration and professional journalist organisations, which favour the compulsory degree. The STF ruling now contradicts that of the STJ and the professional organisations plan to appeal to the STF against the ruling.______________________________________________________15.11.06 – Challenge to court ruling that journalists must have a university degree BrazilAmericas Help by sharing this information News to go further April 27, 2021 Find out more Receive email alerts News Alarm after two journalists murdered in Brazil RSF begins research into mechanisms for protecting journalists in Latin America BrazilAmericas Follow the news on Brazil Organisation May 13, 2021 Find out more Newslast_img read more

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‘Court system will fall apart if repossession reform is introduced as proposed’

first_imgThe Residential Landlords Association (RLA) has warned the new Justice Secretary Robert Buckland MP that if the government introduces its repossession reforms as they stand, the courts will go into meltdown.In a letter to Buckland (pictured, above), the RLA has warned against scrapping Section 21 ‘no explanation’ repossessions, highlighting how it already takes five months on average from a landlord applying to court for a property to be returned to them. The warning comes despite government promises to soften the blow by modifying the Section 8 notice process.The letter also includes details of the latest RLA landlord survey while reveals that 79 per cent of private landlords who have used the courts to repossess properties are dissatisfied with the way they work, and that 91% of support the establishment of a dedicated housing court.Scots problemsIn Scotland, when similar reforms were completed, the Government was forced to invest extra cash and provide more staff after it underestimated the increased pressures brought on the court system.It is not just landlords who find the system difficult to work with. According to previous research published by Citizens Advice, 54 per cent of tenants have said that the complexity of the process puts them off taking landlords to court where their landlord is failing to look after their property, while 45 per cent said that the time involved put them off taking action through the courts.With landlords and tenants able to take different types of cases to different courts, the RLA argues that simply tinkering with the existing system is not good enough. It is calling on the Government to establish a single, dedicated housing court that is properly funded and properly staffed.Two routesAt present, landlords can repossess properties using two routes. One, known as Section 21, enables a landlord to regain possession at the end of a tenancy and requires two months’ notice to be given but without providing a reason. Under the other avenue, known as Section 8, landlords can repossess a property under a number of set grounds including rent arrears and anti-social behaviour.David Smith, Policy Director for the Residential Landlords Association, says: “Ministers are proposing some of the most far reaching changes the private rented sector has ever seen. If the new Government decides it wants to proceed with these it is vital that significant and bold reforms are made to the court system.“With landlords and tenants failing to secure justice in a timely fashion when things do go wrong, anything other than wholesale changes with proper funding to support it will lead to chaos.”robert buckland Residential Landlords Association repossessions Citizens Advice David Smith August 1, 2019Nigel LewisWhat’s your opinion? Cancel replyYou must be logged in to post a comment.Please note: This is a site for professional discussion. Comments will carry your full name and company.This site uses Akismet to reduce spam. Learn how your comment data is processed.Related articles BREAKING: Evictions paperwork must now include ‘breathing space’ scheme details30th April 2021 City dwellers most satisfied with where they live30th April 2021 Hong Kong remains most expensive city to rent with London in 4th place30th April 2021 Home » News » ‘Court system will fall apart if repossession reform is introduced as proposed’ previous next‘Court system will fall apart if repossession reform is introduced as proposed’Landlords warn new Justice Secretary that current plans to scrap Section 21 eviction notice process will lead to disaster.Nigel Lewis1st August 20190785 Viewslast_img read more

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