Programming and editorial responsibilities in broadcasting companies shall be exclusively in the hands of Brazilian-born or foreign nationals who obtained Brazilian citizenship more than 10 years previously.
"Article 222. Newspaper companies, sound broadcasting companies, or sound and image broadcasting companies, shall be owned exclusively by native Brazilians or those naturalized for more than ten years, or by legal entities incorporated under Brazilian laws and headquartered in Brazil. (CA No. 36, 2002)
Paragraph 1. In all circumstances, at least seventy per cent of the total capital stock and of the voting capital of newspaper companies, sound broadcasting companies, or sound and image broadcasting companies, shall be owned directly or indirectly by native Brazilians or those naturalized for more than ten years, who shall mandatorily exercise the management of activities and shall define the content of programming.
Paragraph 2. Editorial responsibility and the activities regarding selection and management of the programming to be disseminated shall be carried out exclusively by native Brazilians or those naturalized for more than ten years, in any social communication medium.
Paragraph 3. Electronic social communication media, regardless of the technology used to deliver the service, shall comply with the principles stipulated in article 221, as provided by specific legislation, which shall also ensure priority to Brazilian professionals in the production of Brazilian programs.
Paragraph 4. Specific legislation shall regulate the participation of foreign capital in the companies mentioned in paragraph 1.
Paragraph 5. Any alterations in the corporate control of the companies mentioned in paragraph 1 must be communicated to the National Congress.[...]" (Brazilian Federal Constitution (October 5, 1988), as amended on May 28, 2002, Article 222 [unofficial translation])
--------------------------
"Art. 1 the This law regulates the participation of foreign capital in the newspaper companies and radio broadcasting and sound and images mentioned in § 4 the art. 222 of the Constitution.
Art. 2 the participation of foreigners or naturalized Brazilians less than ten years in the capital of newspaper companies and broadcasting can not exceed thirty percent of the total capital and voting capital of these companies and will only be made indirectly, through a legal entity incorporated under Brazilian law and having its registered office in the country.
§ 1 the The companies effectively controlled by chaining other companies or by any other indirect means, by foreigners or naturalized Brazilians less than ten years may not have full participation of more than thirty percent of the share capital, total and voting, the news and broadcasting companies.[...]" (Law 10,610 (20 December 2002) providing for the participation of foreign capital in the newspaper and broadcasting companies, Articles 1 and 2 [google translation])
--------------------------
"Art. 1 This Law provides for audiovisual communication with conditioned access.
Single paragraph. Sound and sound and image broadcasting services [free-to-air broadcasting] are excluded from the scope of this Law, except for the provisions set forth in this Law that expressly mention these services or their providers.
Art. 2 For the purposes of this Law, it is considered: [...]
XVIII - Brazilian Producer: company that produces audiovisual content that meets the following conditions, cumulatively:
a) be incorporated under Brazilian law;
b) have headquarters and administration in the country;
c) 70% (seventy percent) of the total and voting capital must be owned, directly or indirectly, by native Brazilians or those naturalized for more than 10 (ten) years;
d) the management of the company's activities and the editorial responsibility for the content produced must be exclusive to native Brazilians or those naturalized for more than 10 (ten) years; [...]
XXI - Brazilian Programmer: programming company that performs its programming activities in Brazilian territory and that cumulatively meets the conditions set forth in items “a” to “c” of item XVIII of this article and whose management, editorial responsibility and selection of the contents of the programming channel are private to native Brazilians or those who have been naturalized for more than 10 (ten) years;
[...]
CHAPTER IV - CONTENT PRODUCTION, PROGRAMMING AND PACKAGING
Art. 9 The production, programming and packaging activities are open to companies incorporated under Brazilian laws and with headquarters and administration in the country. [...]
Art. 10. The management, editorial responsibility and selection and direction activities inherent to programming and packaging are exclusive to native Brazilians or those who have been naturalized for more than 10 (ten) years.[...]
§ 3 For the purpose of complying with the provisions of Chapter V, Ancine may request from the programmer documents proving that the content shown is Brazilian, including the Brazilian Product Certificate, in the cases referred to in Provisional Measure No. September 6, 2001.[...]" (Law No. 12,485, of September 12, 2011 [google translation])
Brazilian Federal Constitution (October 5, 1988), as amended on May 28, 2002, Article 222
Law 10,610 (20 December 2002) providing for the participation of foreign capital in the newspaper and broadcasting companies, Articles 1 and 2
Law No. 12,485, of September 12, 2011 [google translation]
[<a href="http://www.planalto.gov.br/ccivil_03/Constituicao/Constituicao.htm">Constitution</a>],[<a href="https://www.oas.org/es/sla/ddi/docs/acceso_informacion_base_dc_leyes_pais_b_1_en.pdf">Constitution_Eng</a>],[<a href="https://www.planalto.gov.br/ccivil_03/leis/2002/l10610.htm">Law</a>],[<a href="http://www.planalto.gov.br/ccivil_03/_Ato2011-2014/2011/Lei/L12485.htm">Law</a>]