BRAZIL Law and Practice Contributed by: Cassio Namur and Roberta Toledo, Tortoro, Madureira & Ragazzi Advogados
3.5 Media Access and Transparency Cases involving children, adolescents and people who are vulnerable owing to a physical or mental condition have the right to the con - fidentiality of their identity and the facts dealt with in the proceedings. Cases must proceed under secrecy of justice because they involve the constitutional right to intimacy, private life and identity. Parents cannot authorise the disclosure of facts and circumstances relating to their children. All such proceedings are treated under the principle of secrecy of justice and are not accessible to third parties. Article 6 of the Code of Ethics for Brazilian jour - nalists prohibits the disclosure of information that violates citizens’ right to privacy, which must be considered with regard to matters dealt with in judicial proceedings that are processed in accordance with the secrecy of justice. Anyone who disrespects procedural secrecy is committing an unlawful act and may be liable for losses and damages. The law provides that whenever cases are reported, the child must always remain anony - mous.
The law that introduced arbitration in Brazil does not prohibit its use for family property and finan - cial matters, as long as they are available rights. It is still little used in this area – although the doctrine is increasingly defending this option. Brazilian legislation establishes that concilia - tion, mediation and other alternative methods of consensual dispute resolution are not man - datory. However, the judge may determine the attempt at conciliation and/or mediation at the beginning or during the judicial proceedings, and unjustified absence may be interpreted as an act that violates the dignity of justice. This can be penalised with a fine of up to 2% of the intended economic advantage or the value of the claim, reversed in favour of the union or the State. If both parties show a lack of interest in the con - sensual agreement, there will be no penalty. The agreement reached via conciliation or medi - ation must be taken for judicial approval and will thus have the force of a court decision. The arbi - tral award, in turn, does not need ratification and can be enforced in court.
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