Stand-up comedians’ court cases in Brazil
Bibliographic Data
| ID | 19227686 |
|---|---|
| Authors | João Paulo Capelotti (0000-0003-3009-9729, Human Resources Research Organization, corresponding author) |
| Year | 2026 |
| Pages | 1-20 |
| Publication date | 2026-05-26 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Comedy Studies (JOURNAL) |
| Journal identifiers | ISSN: 2040-610X • E-ISSN: 2040-6118 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/2040610x.2026.2678676 |
| OpenAlex | W7162427284 |
| Language | EN |
| References cited | 15 |
In 2023, Leo Lins—one of Brazil’s most famous stand-up comedians—faced criminal charges for disseminating hate speech, which led to his show being removed from YouTube and a prior restraint on new jokes that could be considered offensive to minorities. Following a Supreme Court decision, the video was eventually reuploaded, and the restrictions imposed by the lower court on the topics of his jokes were lifted. Lins was found guilty of racism and sentenced to prison but afterwards acquitted by a panel of appellate judges. This is perhaps the most famous but certainly not the first instance of local courts having dealt with stand-up comedians being accused of criminal or civil wrongs. The article aims to provide a comprehensive overview of the legal challenges posed by a handful of humorists and against them (Lins being the most famous one) in civil and criminal courts all over the country, considering the specificities of the Brazilian legal system, which will be clarified in the simplest way possible. The analysis will shed light not only on how freedom of speech is protected or not according to the case, but also on how controversies raised by stand-up comedians are inserted in the very polarised political environment, reflecting discussions on culture wars, minorities, political correctness, and the rise of right-wing extremism
Constitutional court · Criminal court · Criminal law · Freedom of expression · Offensive · Politics · Prison · Racism · Supreme court · Arts and Performance Studies · Humor Studies and Applications · Theater, Performance, and Music History
| Highly cited | No |
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