Brasília, 5/14/2004 (Agência Brasil) - A sentence by Appellate Court (STJ) justice, Peçanha Martins, giving New York Times reporter, Larry Rohter, an injunction or "safe conduct," that is, in effect, allowing him to remain in Brazil, may turn out to be little more than legal footwork. The problem is that although the STF judge ruled Mr. Rohter can stay in Brazil, that decision does not seem to overturn the executive branch's revocation of his visa. The executive branch is so sure of its position that government lawyers (Advocacia-Geral da União) (AGU) say they will not even bother to appeal the STF sentence, calling it a non-binding, "non-decision.".

In practical terms this is mostly legal sparring. What has to happen is for Mr. Rohter to return to Brazil (he is in Argentina on a reporting job) so he can be formally notified that his visa has been revoked. As of that moment, Mr. Rohter has eight days to appeal and the legal sparring will become legal process.

Yesterday, in Congress, the STF justice decision was applauded. The understanding in Congress, which is different from that of the AGU, was that the injunction would eventually be decided on by the whole court and that that decision would be final.

"We live under the rule of law. It is just an injunction, so we have to wait," said the government's leader in the Senate, Aloisio Mercadante (PT-SP).

Translator: Allen Bennett