The lawsuit brought by singer Chico Buarque against Federal MP Eduardo Bolsonaro (PLSP) for illegal use of the song “Roda Viva” was dismissed in the first instance. The president’s son released the song as a soundtrack on social networks.
In dismissing the lawsuit, Mônica Ribeiro Teixeira of the 6th Special Civil Court of Lagoa Capital District stated that there was no proof of authorship of the song.
“Roda Viva” is one of the most important works in the career of Chico Buarque again one of the most important Brazilian musicians.
“The absence of a document essential to the filing of the claim, i.e. a document capable of proving the complainant’s copyright to the song ‘Roda Viva’, constitutes grounds for incompetence and denial of the complaint,” the judge ruled on March 18 November .
defense argument. Chico Buarque’s defense appealed this Friday (25th).
In a request for review of the decision, the artist’s lawyer, João Tancredo, argued that “it is impossible not to know that Chico Buarque is the author of Roda Viva”.
“Chico Buarque’s voice is so remarkable and has been public knowledge in popular culture for so many decades that listening to the music is enough to recognize Chico’s voice,” the attorney wrote.
According to Tancredo, however, the judge’s decision has “important omissions and ambiguities” because, being a copyright matter, “there is no need to mention the need for registration to claim its protection in any area.”
Furthermore, “the composition of the work and the recording of the music by Chico Buarque is a public and wellknown fact, which in this state does not depend on specific evidence in the records”.
Print from Instagram. To show that digital platforms credit Chico Buarque as the song’s author, the source’s attorney attached a reproduction of Eduardo Bolsonaro’s post, citing the song and the singer.
Print of Eduardo Bolsonaro’s contribution with music by Chico Buarque
Image: reproduction
The attorney also cited questions from the Enem (National High School Examination) and entrance exams that mentioned Chico Buarque’s song. Tancredo argued that the fact that the singer is also the composer of the song is “a public and known fact”.
“Your Excellency, Yours sincerely and respectfully, it should be remembered that the fact is so notorious that it is the subject of questions about entrance examinations and selection procedures in the most diverse fields.”, reasoned.
A question that quotes the song “Roda Viva” by Chico Buarque
Image: reproduction