Reggae · April 20, 2004
NGO accuses Gilberto Gil of advocating marijuana in a music video! See what's happening and read the complaint!
The non-governmental organization Mensagem Subliminar submitted a representation to the Federal Prosecutor's Office against the Minister of Culture, Gilberto Gil. The institution accuses the minister of advocating the use of marijuana in the music video for the song "Kaya N'Gan Daya" and on the CD and DVD covers of the same title. The NGO wants the sale of the CD suspended and also intends to block the airing of the song's video clip on television broadcasters.
The NGO has already accused MTV of using a bumper in which "subliminal images of women engaged in sadomasochistic practices appeared." The broadcaster was convicted in the first instance to pay damages of R$ 7.5 million. The NGO also accused the companies Schincariol and Fischer América Comunicação Total of abusive advertising. According to the NGO, the character who asked singer Zeca Pagodinho to try the beer whispered in his ear: "you try that right now -- man -- or I'll take this bottle and shove it up your ass!"
In Gil's case, Mensagem Subliminar claims to have found "images considered subliminal -- and others explicit -- advocating the use of drugs, a crime provided for in the Brazilian Penal Code." According to the NGO, "the word Kaya, in Rastafari language, the same one used by Bob Marley, means marijuana." Attorney Arthur Lavigne, who represents the singer, stated that he will only comment on the matter after having access to the terms of the representation. "Before I speak out I need to know the legal basis of the accusation," he said.
The accusation was filed last Wednesday (4/14), at the Federal Prosecutor's Office for Citizens' Rights. The president of the NGO, José Vicente Dias, states that "advocating the use of marijuana and disseminating its primary symbol -- Cannabis Sativa leaves -- is above all criminal and unethical, especially when done by a top-ranking authority of the federal government."
I – While watching MTV (Music Television) programming, we were surprised by the airing of a music video, apparently innocent, however, which brings in its script content quite compromising in relation to moral integrity and consumer rights.
It is the music video (which we shall call: "clip") of the song "Three Little Birds" (Três passarinhos), written by Jamaican singer Bob Marley, performed by Gilberto Gil (Gilberto Passos Gil Moreira) and which is part of his most recent album "Kaya N'gan Daya", from the Warner label. The CD (Compact Disc) bears the same title as the song "Kaya N'Gan Daya", which is Gil's version of "Kaya", one of Bob Marley's classics,
The CD produced by Gilberto Gil and Tom Capone, which gave rise to the clip, was recorded at the legendary Tuff Gong Studios, in Kingston (Jamaica), by one of the most renowned sound engineers of Reggae: Errol Brown.
(Source: Gilberto Gil Official Website).
The clip was produced by "Conspiração Filmes" and received two awards at Video Music Brasil (VMB 2003) MTV, promoted by MTV which awards the best clips from the broadcaster's programming in 14 categories, winning the awards for "Best Art Direction in Music Video" (Art direction: Gualter Pupo/Flávio Mac) and "Best MPB Music Video". The event was held at the Anhembi Convention Center, on August 26, 2003.
II - The music video, which we shall refer to simply as "clip", has a duration of three minutes and eight seconds (03:08), is very colorful and almost entirely (characters and settings) made with modeling clay, being edited in the form of an animated cartoon. Its main characters are an individual typical of the northeastern backlands in his habitat, whom we shall call "José"; a character characterized with the features of singer Gilberto Gil, whom we shall call "Gil", several years younger; a character characterized with the features of the late singer Bob Marley, whom we shall call simply "Marley"; an animal also typical of the northeast – a small donkey -, whom we shall call "Juma" and three small birds that give the song its name, whom we call "passarinhos".
(See CD with copy of the Music Video attached)
All these elements are set in a caatinga landscape, characterized by poverty and misery.
III – Regarding the plot/narrative of the music video:
a - "José" tries in vain to draw water from an old well, closely watched by the passarinhos. He ends up falling into the well which, in fact, has only dust inside. At the bottom of it, "Gil" appears playing guitar and singing a song, whose lyrics (translated from English) say: "This is my message to you:" Don't worry about it, oh! Everything's gonna be alright. Don't worry!"".
Then, "José" leaves the place mounted on his donkey, with the drought-stricken caatinga in the background. During the walk, "Juma" refuses to obey an order from his owner; perhaps a reflection of a relationship of incompatible temperaments. At a certain moment, dissatisfied with the order to move on and revolted by having been physically assaulted by "José" who kicked him in the rear, "Juma" delivers a tremendous kick, literally throwing "José" - into the clouds.
b - At that instant, up in the heights, when "José" begins his trajectory back to earth, he ends up falling inside the bed of a "flying automobile", which suddenly appears in the clouds. It is a Volkswagen automobile, utility type (station wagon), reminiscent of vehicles used in circuses or traveling shows. In the clip, what draws attention is that the vehicle flies as if it were an airplane.
c - When he recovers from the fright and the fall, "José" is enveloped by a puff of smoke coming from inside the driver's cabin where "Marley" is, who at the moment is smoking, beside passenger "Gil". Upon inhaling that smoke, "José", who is always accompanied by the passarinhos, begins to "fly" through the clouds, while the automobile continues in another direction.
At a certain moment, the passarinhos release "José", who goes down apparently in the direction of the place where he had been previously. The difference is that, as in fiction, that place has now been transformed into an immense lake of clear waters, where "José" swims, dives and delights himself like a child. Upon leaving the waters, he encounters "Juma" who, with head lowered, eats something that is on the ground.
d - Upon seeing his owner, "Juma" raises his head and, with a rather strange look, accepts his owner back who embraces him affectionately. The two set off down the path, however now, in a rather friendly relationship, where "José", beside the small donkey, but no longer mounted on him, dances to the sound of the music, theme of the clip.
e - At the end of the clip a huge puff of smoke from "Marley" envelops the entire dimension of the screen. Once again "Marley" is accompanied by "Gil", who plays guitar, however, now without the car, but again in the clouds.
IV – Upon analyzing the title of the clip, the clip itself, the CD and the CD cover, this time scrutinizing details of the characters, from the point of view of semiotics, that is, of the signs and meanings intrinsic in the characterization of the characters, the setting, the song lyrics, the context in general, we observe the following facts, described below:
a - First, one begins with the title of the album "Kaya N' Gan Daya", where "KAYA" is a homophonic word, that is, it has the same pronunciation as "Caia". It happens that, spelled in this form – with "K" – it is a word that does not exist in our language.
Certainly the fact caused strangeness and, discovering why this word, spelled in this form, would be one of the most tedious tasks, had the result not brought to light one of the most intriguing and bizarre discoveries, in these almost twenty years devoted to research in music.
The search first leads us to Rastafari culture, in homage to Rastafari Makonnen, baptismal name of Haile Selassie I, emperor of Ethiopia and idealizer of Rastafari Culture, which is known for 'preaching' peace, and does so, especially through its greatest rhythm – Reggae. Its adherents and admirers worship nature and, among other characteristics, are naturalists and vegetarians, for whom the use of marijuana is 'permitted' and used for meditation, in addition to – according to them - 'strengthening' thought and concentration.
Up to that point, nothing that could 'mar' the (posthumous) tribute made by Gilberto Gil, through this album, to singer Bob Marley, the greatest representative of Rastafari culture, were it not for a detail that makes all the difference: the word "KAYA", in the Rasta dialect, means: herb, marijuana, maconha, diamba, ganja, kali (scientific name 'Cannabis sativa').
(Source:Rasta Dictionary/ Patois-English-Portuguese/ GLOBALSITE)
b - Upon also analyzing the CD cover, in search of new 'clues' that would lead to what subliminal message researchers call "synesthesia", that is, a subjective relationship established in such a way that, when one of the sense organs is stimulated, it spontaneously and involuntarily ends up evoking another, or others (e.g., a sound that evokes an image, color or aroma), we observe that, on the right side of the title - in the background -, there is an insertion of images of small leaves.
It happens that, the leaves of this herb, as they are graphically represented, are stereotyped signifiers and, worldwide interpreted as being leaves of Cannabis sativa – vulgarly known as maconha.
(Vide Annex – Detail A)
V - It is not today that Brazilian Popular Music (MPB) unscrupulously uses its verses to advocate drugs, especially marijuana and, inexplicably, in addition to passing unscathed through every type of 'oversight', most of the time, these so-called "songs" end up achieving resounding success and becoming true youth anthems. Some citations are in order:
a - Already in the 1930s, Noel Rosa, one of the great names of Brazilian popular music, in the song "Quando o samba acabou", sings: "... / losing his sweet beloved / went to smoke at the crossroads / spending hours in meditation/ ... / when the sun rose / he was found / stretched on the riverbank / with a dagger in his heart".
b - Wilson Batista, in "Erva do Norte" sings: "Here comes Chico Brito / coming down the hill in the hands of the meganha / it's one more case / it's one more feat. / ... / On the hill they say he smokes an herb from the north".
c - The famous 'jovem-guarda' group, Golden Boys, in the 1960s recorded two songs citing marijuana that, not many years later, would become part of the so-called hippie movement of that time. They are "Erva Venenosa" by the Rolling Stones (version of Poison Ivy), re-recorded in the 1980s by the group "Herva Doce" and in the year 2000 by Rita Lee (who in 1976 served one year of house arrest for possession of marijuana) and then the song entitled "Fumacê", which in 2001 was re-recorded by Trio Nordestino.
d - In the song "Como Vovó já Dizia" by Raul Seixas, there was already a clear recommendation to users of the herb who, in most cases, present reddened eyes (conjunctival hyperemia) - "Who doesn't have eye drops wears dark glasses". It is known that eye drops are a drug that acts as a vasoconstrictor, that is, it blocks the blood vessels of the eyes, preventing blood flow from flowing normally, thereby preventing them from turning red. Also from Raul Seixas, we have another recommendation in the song "Metrô Linha 743" - "Go smoke over on the other side / Two men smoking together can be very risky".
e - Almost 10 years later, the song "O Mal É o que Sai da Boca do Homem" by members of Novos Baianos (Pepeu Gomes, Galvão and Baby Consuelo) who, parodying a biblical passage said: "you can smoke a joint / based on which you can do almost anything. / As long as you possess / but are not possessed"; "baseado" being one of the best-known names for the herb.
f - In 1990, Jorge Ben, who later changed his name to Jorge Benjor on account of a consultation he had with a numerologist), composed the song "W/Brasil" which said: "... /Hello hello W/Brasil, hello hello W/Brasil, Jacarezinho, avião, Jacarezinho, avião / Watch out for the flying saucer, take that ladder out of there. That ladder is supposed to stay out here /..." Analyzing the historical and social context of the time of the composition of the song, it is known that "Jacarezinho" is a hill in Rio de Janeiro known for drug trafficking; "avião" is the person who carries the drug from one hill to another; "disco voador" is the luminous signal – rotating light – that spins on top of the police vehicle; "escada" is an allusion to "Escadinha", the first major Rio drug trafficker to be arrested at that time.
g - In 1996, the band "Barão Vermelho" which had singer Cazuza, who died of AIDS, as leader and vocalist, re-recorded the old hit "Malandragem Dá um Tempo" by the "rei da malandragem" – Bezerra da Silva. The verses could not be more explicit: "... / I'm gonna squeeze / but I'm not gonna light it now / hold on malandro / there's a time to get high".
h - Also in 1996, the national rock band "O Rappa", released the CD "Rappa Mundi" with the song "A Feira", which still plays on Brazil's main FM stations. Its lyrics say: "... / I'm selling herbs that heal and calm / I'm selling herbs that relieve and season / But I'm authorized when the rappa arrives I almost always escape / Who supplies me is the one who earns more /". We ask: Why would he need to flee when the "rappa" (police) is present?
"Who supplies me" - would it not be a reference to the herb trafficker?
i - More recently, in 2002, the "Tribalistas", a group formed by Arnaldo Antunes, Carlinhos Brown & Marisa Monte, in the song of the same name, cite the use of glasses and eye drops. "... / The tribalistas nostalgic for the future / abuse eye drops and dark glasses /". Would it be a reference to the "late" Raul Seixas, precursor of 'dark glasses'? This without mentioning "Moranguinho do Nordeste"(Lairton e seus teclados), Cachimbo da Paz (Gabriel O Pensador), "Veneno da Lata" (Fernanda Abreu) and other MPB "pearls".
VI - In addition to explicit verses, some Brazilian bands have used the cunning method of subliminal communication with marijuana (Cannabis Sativa) users, inserting in their very name words synonymous with or slang for the herb, as occurs with the band Skank (genetically altered marijuana or "supermaconha".), Diamba (another slang for marijuana), Planet Hemp (Planeta Maconha), etc., - bands that openly advocate this drug.),
The latter, at least in the State of Rio de Janeiro, may only perform shows for audiences over 18 years of age, according to the ruling of juvenile court judge Siro Darlan, for alleged induction of youth to addiction, through advocacy of drugs in the group's lyrics. The acronym HEMP can also be interpreted as "Help End Marijuana Prohibition", a banner defended by the band.
VII - The expression "Kaya N' Gan Daya", in addition to the compromising aspect of advocating marijuana, phonetically sounds like - "Caia na Gandaia" (Fall into revelry) -, has its verb in the "imperative" tense: - Caia (tu) na gandaia (Fall [you] into revelry). This verbal tense is used in our language whenever one wants to convey the idea of order, command, request.
VIII - This expression also has a close correlation with classic catchphrases, such as - "Do what thou wilt, it is all the law", advocated by Crowley, the famous English occultist/satanist of the last century who had hedonism as law and philosophy of life, decades later perpetuated by singer Raul Seixas, disciple and follower of his ideas, in his song - "Sociedade Alternativa".
No less pernicious is the song "Não se reprima, não se reprima" (Don't repress yourself, don't repress yourself), absolute success in Brazil by the Porto Rican "teen" group "Menudos", from the early 1980s, in which they preached to the adolescent and pre-adolescent public, the liberation and outpouring of their sexual impulses (libido).
IX – Still regarding the expression now analyzed, "Gandaia", according to Aurélio, means "vagrancy" which is also a synonym of the vulgar - "vagabondage".
(Source: AURELIO)
Compromising the general context even further, this word definitively condemns the use of the expression, since vagrancy is a Penal Misdemeanor.
Some considerations are in order here:
a - From the positivist-legal point of view, vagrancy is understood as a series of behaviors such as that of drunk people disturbing public order, prostitution (male and female) in general, minors, beggars and unemployed people wandering the streets.
b - Although the offense of vagrancy is considered a lesser offense compared to other more serious ones, it can serve as a "bridge" to criminal associations or collateral conduct (disturbance of tranquility, outrage against decency, ideological falsehood, obscene act and use of drugs) that it ends up causing. According to Duarte, vagrancy is a stage of criminality (DUARTE, José. Comentários à Lei das Contravenções Penais, R. Janeiro, Forense, 1958).
Currently the penal offense of vagrancy is typified in article 59 of the Law of Penal Misdemeanors. Would the author of the title in question be inciting the target audience of the work to the crime of vagrancy?
(Source: DATAVENIA)
X – Returning to the clip, some considerations are in order, now, regarding the visual messages:
a - When "José", the main character, receives a kick from his small donkey (01:34) and is thrown into the clouds, as referred to above in item III, heading toward the flying car, the driver cited in the same item is none other than singer Bob Marley, the greatest icon of Rastafari Culture; the foremost promoter of marijuana use within the "Reggae" style and author of the song – object of this denunciation – performed by Gilberto Gil.
b - In a semiotic interpretation, the 'symbiosis' between the singer and the herb is of such importance that, merely his image stamped on a t-shirt establishes immediate empathy between the person who wears it and drug users.
XI - Regarding the cited vehicle, it is an automobile of the Volkswagen brand, utility model "Kombi", which has on the front part, in the traditional location of the "VW" – logo
of Volks -, a letter "M". We recall that this pictogram can mean both "M" for Marley, as well as, "M" for "marijuana", a kind of universal identification of marijuana.
XII - Regarding the passenger of the "flying Kombi", it is the no less famous - Gilberto Gil, MPB singer, personal friend, fan and admirer of Marley, to whom he pays posthumous tribute in this clip. The driver of the car, Bob Marley, releases a puff (01:48) from the supposed "baseado" he is smoking inside the car cabin, toward the face of the character representing the Brazilian singer. He does not offer resistance to his companion's gesture and shows himself, at minimum, apathetic and conniving with the fact.
XIII - We observe that the two undertake a "trip" and that they are "in the clouds".
These terms – "trip" and "walking in the clouds" - are catchphrases widely used by drug users; when under the effect of the same, they say they are "tripping" or in the "clouds".
We conclude that, in addition to advocacy of the narcotic and its use, the scene shows in an implied manner – subliminal -, "Gil" on a "trip" one might say – "very crazy" -, in a "flying Kombi", in the "clouds", being guided by the three passarinhos.
XIV – Near the end of the clip, the main character's donkey appears from behind, head lowered, eating something that is supposedly also the drug (02:42). We intuit this fact through the way the animal looks at its owner, that is, the way this look was represented in the clip - with eyelids at half the eyes -, in the same way that, in animated cartoons, a drugged character is represented (02:43).
Closing the clip, shortly before the credits begin to appear on the screen (III-a), we observe that "Marley" spends a good while "holding" the smoke, releasing it only at the very end (03:04). This gesture is characteristic of every drug user, that is, the person takes a drag 'on the baseado', filling the lungs with smoke, and, after a few seconds, slowly releases it.
We conclude that there is no doubt regarding advocacy not only in relation to the drug, but also, regarding the way to use it.
XV - It is known that Gilberto Gil has already been "officially" involved with the said drug in the State of Santa Catarina, during the "Doces Bárbaros" tour in July 1976, with Caetano Veloso, Gal Costa and Maria Bethânia. Gil was arrested with a small quantity of marijuana, in Florianópolis. Taken to the public jail, he admitted to being a user of the herb and was forced to be interned in an asylum in the state capital.
(Source: TERRA.COM.BR).
In his sentence, at the Florianópolis courthouse, the judge states that the singer "liked marijuana and that its use did not harm him..." before ordering the singer's internment in a psychiatric clinic for recovery.
(Source:CLIQUEMUSIC)
XVI – Gilberto Gil himself makes reference to marijuana when citing and defining the "rastaman", as he calls adherents of Rastafari culture: - "... The Rastaman: the same Stars of David,
the Lion of Judah, his mane in dreadlocks uncovering, emphasizing also long and kinky hair, his campaign clothes, vegetarian food, marijuana and on the lips, in a language full of new signs, a discourse, weapon for the struggle also for freedom and justice...". (emphasis ours).
Completing the syllogism he says, regarding Bob Marley: - "Marley: an explicit, real Rastaman".
(Source: Gilberto Gil Official Website)
XVII - Society in general, minors, the family and the church in particular, have the right, through the State, to defend themselves not only from pornography and licentiousness, but also from all advocacy made of the use of "licit" drugs such as alcohol and cigarettes, and, above all, those considered narcotics and consequently addictive, prohibited by law.
It is given to the State, as supervisory agent, through the MP, to scrutinize the authors of the music video – object of this denunciation – as well as the authors of the album, type CD, - "Kaya N' Gan Daya" -, their real purposes regarding the production of this work and respective dissemination in television and broadcasting media, since it does not add literary, educational and/or scientific values that, in some way, redeem it from all the harmful aspects cited above.
XVIII – The Federal Constitution, in article 227, provides that "it is the duty of the family, society and the State to ensure for the child and adolescent the right to dignity and respect, as well as to keep them safe from every form of exploitation".
It is also worth remembering that, the Child and Adolescent Statute - ECA, provides, in article 78:
Magazines and publications containing material improper or inadequate for children and adolescents must be sold in sealed packaging, with a warning of their content. (emphasis ours)
And in article 79 it establishes, textually:
Magazines and publications intended for the child and youth public may not contain illustrations, photographs, captions, chronicles or advertisements for alcoholic beverages, tobacco, weapons and ammunition, and must respect the ethical and social values of the person and the family. (emphasis ours)
It is also opportune to cite the Consumer Defense Code, which highlights among the various principles adopted, especially in the National Policy on Consumer Relations, that one of the objectives in meeting consumer needs is respect for their dignity, as well as, the efficient prohibition of any and all abuse practiced in the consumer market (CDC, art. 4).
Among the basic rights of the consumer is also protection against deceptive or abusive advertising and effective prevention and repair of individual, collective and diffuse damages (CDC, art. 6), in this way, the consumer is being harmed, by not knowing the real meaning of the terms cited on the CD cover and in the clip.
Within the scope of commercial practices, advertising is expected to be aired according to the principle of perfect identification, since the legislator did not accept in the name of the principle of loyalty, the use of clandestine or subliminal advertising (CDC, art.36).
We understand the cited references to the narcotic (marijuana) right in the title of the album "Kaya N' Gan Daya", as well as the images of the said music video, advocating the use of the drug, to be abusive, since they divert and attack important values of society, which abhors human degradation, whether regarding honor and morality, recognized, among other fundamental rights guaranteed in the Federal Constitution (CDC, art 37, §2º and CF art. 5).
XIX – According to Bill 5.047/01 authored by Deputy João Herrmann Neto, which amends Law no. 8.078, of September 11, 1990 (awaiting only publication) which "provides for consumer protection and other measures", prohibiting the airing of advertising containing subliminal messaging - the use of signs, words and gestures in this music video - is unethical and criminal.
It is worth citing the opinion of the Rapporteur, Deputy Luiz Bittencourt, on the aforementioned Bill, on August 4, 2003.
"The present bill seeks to fill an existing gap in the current Consumer Defense Code, regulating the use of subliminal messages, so common in commercial advertising and capable of influencing people, inducing them to consume certain products". (emphasis ours)
XX – In our interpretation, the fact is doubly criminal, since, in addition to the contained messages being of a subliminal nature – unethical and criminal -, the theme that involves the entire work is, without doubt, dissemination, advocacy of crime, in the specific case – marijuana, typified in Art. 287 of the Brazilian Penal Code.
XXI – As a greater aggravating factor, the accused is a federal public servant and a respectable public figure, both in the national and international musical artistic milieu (singer, composer), as well as a national authority, since he holds a top-ranking position in the federal government. Therefore, his acts, due to the credibility and respectability that the position of Minister of Culture entails, – in theory - tend to be imitated or at least regarded as "politically correct", not only by his 'fans' and admirers, but also by citizens in general.
With regard specifically to the music and its respective music video, there is a very great probability of influencing young people, children, adolescents and also adults, since it is aired on open TV without concern for time slot or age group limitation.
XXII - In light of these considerations, the abuse of the said attitudes becomes clear, since they attack important values of society, received by legislation, including the Magna Carta.
The affront to the principles and laws cited, as exposed here, deserves an adequate reaction, before these nefarious influences can interfere, as they have been occurring for decades, in the cultural, moral and social formation of the child and adolescent, compromising them in an irreparable manner, since they are still in a process of moral and psychic development.(Vide Art. 15 - ECA).
It is no coincidence that marijuana consumption grew fourfold among adolescents in the 16 to 18 age group, raising the volume consumed in Brazil to more than 700 tons per year, with the initial age of drug consumption becoming ever younger, today reaching children between 10 and 12 years old, among low and middle class families.
(Sources:Revista Veja:26-07-00/ SAUDE.INF.BR)
According to Renato Sabbatini (PhD), American neuroscientists postulate that drugs such as ethanol, nicotine and THC (tetrahydrocannabinol, the active principle of marijuana) - which in medical jargon is called a "gateway drug" - cause stimulation in the brain, increasing the level of a natural neurotransmitter called dopamine, in the pleasure centers, in a region called the limbic system. Once the individual's brain is familiar with this "innovation", it becomes more susceptible to using heavier drugs that stimulate the same dopamine receptors.
(Source authorized by the author: EPUB).
As is known, the use of marijuana causes serious damage to the physical and psychic health of the user, such as tachycardia, disturbance in the ability to calculate time/space, impairment of memory and attention, reduction of testosterone (infertility), impairments in learning and memorization capacity, amotivational syndrome (not feeling like doing anything anymore), etc.
(Source: Centro Brasileiro de Informações sobre Drogas Psicotrópicas)
This position is also shared by Paulo Alcides Amaral Salles, judge of the 12th Civil Court of São Paulo, when granting a preliminary injunction at the request of the Public Prosecutor's Office in the denunciation against MTV in October 2002, for having grafted subliminal images of a sadomasochistic nature into a commercial of the broadcaster, a denunciation also triggered by the NGO Mensagem Subliminar,
"... the right to information and freedom of expression is not to be confused with failure to observe the customs and practices of society and, above all, with failure to observe the dignity of human persons. The exposure of the population and minors to the images aired by the defendant, as emphasized, may create serious behavioral problems to the extent that the images subvert the values that society seeks at all costs to safeguard".
(Source: Revista Consultor Jurídico, November 5, 2002).
As citizens, we do not accept being conniving and partisan of any type of movement, practiced by class entities or persons, whether musical, political or "cultural", in the sense of disseminating and/or decriminalizing drugs in our society, especially those who rely on their position of influence in the media or public office for such. We understand that, preserving our children and adolescents today - physically, morally and intellectually from every parallel illicit and criminal activity related to drugs, is guaranteeing a wholesome future for our society and consequently our country tomorrow.
XXIII - In view of the foregoing, we request that Your Excellency deign to initiate a suitable procedural proceeding, aimed at obliging the mass media (MTV, Rede Bandeirantes, etc.) to suspend the airing of the music video "Three Little Birds", by Gilberto Gil, from the Warner Music label.
It is also understood to be pertinent the intervention of the Federal Public Prosecutor's Office, through the action of the Federal Prosecutor's Office for Citizens' Rights, inasmuch as the accused, Mr. Gilberto Gil, is a public authority, as established in the articles of Complementary Law no. 75/93:
o Art. 12 - The Citizens' Rights Prosecutor shall act ex officio or upon representation, notifying the questioned authority to provide information, within the deadline assigned.
o Art. 13 - Whether or not the information is received and the case instructed, if the Citizens' Rights Prosecutor concludes that constitutional rights have been or are being disrespected, he shall notify the responsible party to take the necessary measures to prevent repetition or to order the cessation of the verified disrespect.
Furthermore, it is worth citing CONAR (National Council for Advertising Self-Regulation) since, as a "CD" (Compact Disc) – "Kaya N' Gan Daya" – it is a marketable product.
In virtue of what was mentioned, it is also requested the use of available judicial instruments so that the collection of the product (CD - Compact Disc) "Kaya N' Gan Daya" and the DVD of the same title be arranged from commerce in general.
We take this opportunity to congratulate the brilliant performance of this body in the mission of defending the rights of millions of Brazilian citizens which coincides with the sole – and greatest - objective of the struggle waged by this NGO, which I have the honor of presiding over.
In these terms and with the attached documents,
Respectfully submitted.
São Vicente, April 10, 2004.
Prof. José Vicente Dias
ONG Mensagem Subliminar
CNPJ: 05.205.618 / 0001- 01
RG.:xxxxx-SSP / CPF:xxxx
Note: Annex 1: 01 CD with copy of the Music Video "Three Little Birds", for expert analysis.
Annex 2: 01 copy of the CD cover, of the same title. Idem.
With information from ONG Mensagem Subliminar - Official Website
Revista Consultor Jurídico, April 19, 2004.
THE REPRESENTATION
TO HIS EXCELLENCY THE ATTORNEY GENERAL OF THE REPUBLIC CLAUDIO FONTELES ADVOCACY OF NARCOTIC USE OFFENSES AGAINST CONSTITUTIONAL PRINCIPLES, THE CHILD AND ADOLESCENT STATUTE, AND ORDINARY LEGISLATION.OF THE FACTS
The Non-Governmental Organization for Studies and Research in Subliminal Messaging, CNPJ 05.205.618/0001-01, established at Rua Dona Leonor Mendes de Barros, no. 614, CEP 11380-050 - Vila São Jorge, municipality of São Vicente, State of SP, represented by its president, undersigned, hereby, through this instrument, denounces for, at the end, to suggest what follows: I – While watching MTV (Music Television) programming, we were surprised by the airing of a music video, apparently innocent, however, which brings in its script content quite compromising in relation to moral integrity and consumer rights.
It is the music video (which we shall call: "clip") of the song "Three Little Birds" (Três passarinhos), written by Jamaican singer Bob Marley, performed by Gilberto Gil (Gilberto Passos Gil Moreira) and which is part of his most recent album "Kaya N'gan Daya", from the Warner label. The CD (Compact Disc) bears the same title as the song "Kaya N'Gan Daya", which is Gil's version of "Kaya", one of Bob Marley's classics,
The CD produced by Gilberto Gil and Tom Capone, which gave rise to the clip, was recorded at the legendary Tuff Gong Studios, in Kingston (Jamaica), by one of the most renowned sound engineers of Reggae: Errol Brown.
(Source: Gilberto Gil Official Website).
The clip was produced by "Conspiração Filmes" and received two awards at Video Music Brasil (VMB 2003) MTV, promoted by MTV which awards the best clips from the broadcaster's programming in 14 categories, winning the awards for "Best Art Direction in Music Video" (Art direction: Gualter Pupo/Flávio Mac) and "Best MPB Music Video". The event was held at the Anhembi Convention Center, on August 26, 2003.
II - The music video, which we shall refer to simply as "clip", has a duration of three minutes and eight seconds (03:08), is very colorful and almost entirely (characters and settings) made with modeling clay, being edited in the form of an animated cartoon. Its main characters are an individual typical of the northeastern backlands in his habitat, whom we shall call "José"; a character characterized with the features of singer Gilberto Gil, whom we shall call "Gil", several years younger; a character characterized with the features of the late singer Bob Marley, whom we shall call simply "Marley"; an animal also typical of the northeast – a small donkey -, whom we shall call "Juma" and three small birds that give the song its name, whom we call "passarinhos".
(See CD with copy of the Music Video attached)
All these elements are set in a caatinga landscape, characterized by poverty and misery.
III – Regarding the plot/narrative of the music video:
a - "José" tries in vain to draw water from an old well, closely watched by the passarinhos. He ends up falling into the well which, in fact, has only dust inside. At the bottom of it, "Gil" appears playing guitar and singing a song, whose lyrics (translated from English) say: "This is my message to you:" Don't worry about it, oh! Everything's gonna be alright. Don't worry!"".
Then, "José" leaves the place mounted on his donkey, with the drought-stricken caatinga in the background. During the walk, "Juma" refuses to obey an order from his owner; perhaps a reflection of a relationship of incompatible temperaments. At a certain moment, dissatisfied with the order to move on and revolted by having been physically assaulted by "José" who kicked him in the rear, "Juma" delivers a tremendous kick, literally throwing "José" - into the clouds.
b - At that instant, up in the heights, when "José" begins his trajectory back to earth, he ends up falling inside the bed of a "flying automobile", which suddenly appears in the clouds. It is a Volkswagen automobile, utility type (station wagon), reminiscent of vehicles used in circuses or traveling shows. In the clip, what draws attention is that the vehicle flies as if it were an airplane.
c - When he recovers from the fright and the fall, "José" is enveloped by a puff of smoke coming from inside the driver's cabin where "Marley" is, who at the moment is smoking, beside passenger "Gil". Upon inhaling that smoke, "José", who is always accompanied by the passarinhos, begins to "fly" through the clouds, while the automobile continues in another direction.
At a certain moment, the passarinhos release "José", who goes down apparently in the direction of the place where he had been previously. The difference is that, as in fiction, that place has now been transformed into an immense lake of clear waters, where "José" swims, dives and delights himself like a child. Upon leaving the waters, he encounters "Juma" who, with head lowered, eats something that is on the ground.
d - Upon seeing his owner, "Juma" raises his head and, with a rather strange look, accepts his owner back who embraces him affectionately. The two set off down the path, however now, in a rather friendly relationship, where "José", beside the small donkey, but no longer mounted on him, dances to the sound of the music, theme of the clip.
e - At the end of the clip a huge puff of smoke from "Marley" envelops the entire dimension of the screen. Once again "Marley" is accompanied by "Gil", who plays guitar, however, now without the car, but again in the clouds.
IV – Upon analyzing the title of the clip, the clip itself, the CD and the CD cover, this time scrutinizing details of the characters, from the point of view of semiotics, that is, of the signs and meanings intrinsic in the characterization of the characters, the setting, the song lyrics, the context in general, we observe the following facts, described below:
a - First, one begins with the title of the album "Kaya N' Gan Daya", where "KAYA" is a homophonic word, that is, it has the same pronunciation as "Caia". It happens that, spelled in this form – with "K" – it is a word that does not exist in our language.
Certainly the fact caused strangeness and, discovering why this word, spelled in this form, would be one of the most tedious tasks, had the result not brought to light one of the most intriguing and bizarre discoveries, in these almost twenty years devoted to research in music.
The search first leads us to Rastafari culture, in homage to Rastafari Makonnen, baptismal name of Haile Selassie I, emperor of Ethiopia and idealizer of Rastafari Culture, which is known for 'preaching' peace, and does so, especially through its greatest rhythm – Reggae. Its adherents and admirers worship nature and, among other characteristics, are naturalists and vegetarians, for whom the use of marijuana is 'permitted' and used for meditation, in addition to – according to them - 'strengthening' thought and concentration.
Up to that point, nothing that could 'mar' the (posthumous) tribute made by Gilberto Gil, through this album, to singer Bob Marley, the greatest representative of Rastafari culture, were it not for a detail that makes all the difference: the word "KAYA", in the Rasta dialect, means: herb, marijuana, maconha, diamba, ganja, kali (scientific name 'Cannabis sativa').
(Source:Rasta Dictionary/ Patois-English-Portuguese/ GLOBALSITE)
b - Upon also analyzing the CD cover, in search of new 'clues' that would lead to what subliminal message researchers call "synesthesia", that is, a subjective relationship established in such a way that, when one of the sense organs is stimulated, it spontaneously and involuntarily ends up evoking another, or others (e.g., a sound that evokes an image, color or aroma), we observe that, on the right side of the title - in the background -, there is an insertion of images of small leaves.
It happens that, the leaves of this herb, as they are graphically represented, are stereotyped signifiers and, worldwide interpreted as being leaves of Cannabis sativa – vulgarly known as maconha.
(Vide Annex – Detail A)
V - It is not today that Brazilian Popular Music (MPB) unscrupulously uses its verses to advocate drugs, especially marijuana and, inexplicably, in addition to passing unscathed through every type of 'oversight', most of the time, these so-called "songs" end up achieving resounding success and becoming true youth anthems. Some citations are in order:
a - Already in the 1930s, Noel Rosa, one of the great names of Brazilian popular music, in the song "Quando o samba acabou", sings: "... / losing his sweet beloved / went to smoke at the crossroads / spending hours in meditation/ ... / when the sun rose / he was found / stretched on the riverbank / with a dagger in his heart".
b - Wilson Batista, in "Erva do Norte" sings: "Here comes Chico Brito / coming down the hill in the hands of the meganha / it's one more case / it's one more feat. / ... / On the hill they say he smokes an herb from the north".
c - The famous 'jovem-guarda' group, Golden Boys, in the 1960s recorded two songs citing marijuana that, not many years later, would become part of the so-called hippie movement of that time. They are "Erva Venenosa" by the Rolling Stones (version of Poison Ivy), re-recorded in the 1980s by the group "Herva Doce" and in the year 2000 by Rita Lee (who in 1976 served one year of house arrest for possession of marijuana) and then the song entitled "Fumacê", which in 2001 was re-recorded by Trio Nordestino.
d - In the song "Como Vovó já Dizia" by Raul Seixas, there was already a clear recommendation to users of the herb who, in most cases, present reddened eyes (conjunctival hyperemia) - "Who doesn't have eye drops wears dark glasses". It is known that eye drops are a drug that acts as a vasoconstrictor, that is, it blocks the blood vessels of the eyes, preventing blood flow from flowing normally, thereby preventing them from turning red. Also from Raul Seixas, we have another recommendation in the song "Metrô Linha 743" - "Go smoke over on the other side / Two men smoking together can be very risky".
e - Almost 10 years later, the song "O Mal É o que Sai da Boca do Homem" by members of Novos Baianos (Pepeu Gomes, Galvão and Baby Consuelo) who, parodying a biblical passage said: "you can smoke a joint / based on which you can do almost anything. / As long as you possess / but are not possessed"; "baseado" being one of the best-known names for the herb.
f - In 1990, Jorge Ben, who later changed his name to Jorge Benjor on account of a consultation he had with a numerologist), composed the song "W/Brasil" which said: "... /Hello hello W/Brasil, hello hello W/Brasil, Jacarezinho, avião, Jacarezinho, avião / Watch out for the flying saucer, take that ladder out of there. That ladder is supposed to stay out here /..." Analyzing the historical and social context of the time of the composition of the song, it is known that "Jacarezinho" is a hill in Rio de Janeiro known for drug trafficking; "avião" is the person who carries the drug from one hill to another; "disco voador" is the luminous signal – rotating light – that spins on top of the police vehicle; "escada" is an allusion to "Escadinha", the first major Rio drug trafficker to be arrested at that time.
g - In 1996, the band "Barão Vermelho" which had singer Cazuza, who died of AIDS, as leader and vocalist, re-recorded the old hit "Malandragem Dá um Tempo" by the "rei da malandragem" – Bezerra da Silva. The verses could not be more explicit: "... / I'm gonna squeeze / but I'm not gonna light it now / hold on malandro / there's a time to get high".
h - Also in 1996, the national rock band "O Rappa", released the CD "Rappa Mundi" with the song "A Feira", which still plays on Brazil's main FM stations. Its lyrics say: "... / I'm selling herbs that heal and calm / I'm selling herbs that relieve and season / But I'm authorized when the rappa arrives I almost always escape / Who supplies me is the one who earns more /". We ask: Why would he need to flee when the "rappa" (police) is present?
"Who supplies me" - would it not be a reference to the herb trafficker?
i - More recently, in 2002, the "Tribalistas", a group formed by Arnaldo Antunes, Carlinhos Brown & Marisa Monte, in the song of the same name, cite the use of glasses and eye drops. "... / The tribalistas nostalgic for the future / abuse eye drops and dark glasses /". Would it be a reference to the "late" Raul Seixas, precursor of 'dark glasses'? This without mentioning "Moranguinho do Nordeste"(Lairton e seus teclados), Cachimbo da Paz (Gabriel O Pensador), "Veneno da Lata" (Fernanda Abreu) and other MPB "pearls".
VI - In addition to explicit verses, some Brazilian bands have used the cunning method of subliminal communication with marijuana (Cannabis Sativa) users, inserting in their very name words synonymous with or slang for the herb, as occurs with the band Skank (genetically altered marijuana or "supermaconha".), Diamba (another slang for marijuana), Planet Hemp (Planeta Maconha), etc., - bands that openly advocate this drug.),
The latter, at least in the State of Rio de Janeiro, may only perform shows for audiences over 18 years of age, according to the ruling of juvenile court judge Siro Darlan, for alleged induction of youth to addiction, through advocacy of drugs in the group's lyrics. The acronym HEMP can also be interpreted as "Help End Marijuana Prohibition", a banner defended by the band.
VII - The expression "Kaya N' Gan Daya", in addition to the compromising aspect of advocating marijuana, phonetically sounds like - "Caia na Gandaia" (Fall into revelry) -, has its verb in the "imperative" tense: - Caia (tu) na gandaia (Fall [you] into revelry). This verbal tense is used in our language whenever one wants to convey the idea of order, command, request.
VIII - This expression also has a close correlation with classic catchphrases, such as - "Do what thou wilt, it is all the law", advocated by Crowley, the famous English occultist/satanist of the last century who had hedonism as law and philosophy of life, decades later perpetuated by singer Raul Seixas, disciple and follower of his ideas, in his song - "Sociedade Alternativa".
No less pernicious is the song "Não se reprima, não se reprima" (Don't repress yourself, don't repress yourself), absolute success in Brazil by the Porto Rican "teen" group "Menudos", from the early 1980s, in which they preached to the adolescent and pre-adolescent public, the liberation and outpouring of their sexual impulses (libido).
IX – Still regarding the expression now analyzed, "Gandaia", according to Aurélio, means "vagrancy" which is also a synonym of the vulgar - "vagabondage".
(Source: AURELIO)
Compromising the general context even further, this word definitively condemns the use of the expression, since vagrancy is a Penal Misdemeanor.
Some considerations are in order here:
a - From the positivist-legal point of view, vagrancy is understood as a series of behaviors such as that of drunk people disturbing public order, prostitution (male and female) in general, minors, beggars and unemployed people wandering the streets.
b - Although the offense of vagrancy is considered a lesser offense compared to other more serious ones, it can serve as a "bridge" to criminal associations or collateral conduct (disturbance of tranquility, outrage against decency, ideological falsehood, obscene act and use of drugs) that it ends up causing. According to Duarte, vagrancy is a stage of criminality (DUARTE, José. Comentários à Lei das Contravenções Penais, R. Janeiro, Forense, 1958).
Currently the penal offense of vagrancy is typified in article 59 of the Law of Penal Misdemeanors. Would the author of the title in question be inciting the target audience of the work to the crime of vagrancy?
(Source: DATAVENIA)
X – Returning to the clip, some considerations are in order, now, regarding the visual messages:
a - When "José", the main character, receives a kick from his small donkey (01:34) and is thrown into the clouds, as referred to above in item III, heading toward the flying car, the driver cited in the same item is none other than singer Bob Marley, the greatest icon of Rastafari Culture; the foremost promoter of marijuana use within the "Reggae" style and author of the song – object of this denunciation – performed by Gilberto Gil.
b - In a semiotic interpretation, the 'symbiosis' between the singer and the herb is of such importance that, merely his image stamped on a t-shirt establishes immediate empathy between the person who wears it and drug users.
XI - Regarding the cited vehicle, it is an automobile of the Volkswagen brand, utility model "Kombi", which has on the front part, in the traditional location of the "VW" – logo
of Volks -, a letter "M". We recall that this pictogram can mean both "M" for Marley, as well as, "M" for "marijuana", a kind of universal identification of marijuana.
XII - Regarding the passenger of the "flying Kombi", it is the no less famous - Gilberto Gil, MPB singer, personal friend, fan and admirer of Marley, to whom he pays posthumous tribute in this clip. The driver of the car, Bob Marley, releases a puff (01:48) from the supposed "baseado" he is smoking inside the car cabin, toward the face of the character representing the Brazilian singer. He does not offer resistance to his companion's gesture and shows himself, at minimum, apathetic and conniving with the fact.
XIII - We observe that the two undertake a "trip" and that they are "in the clouds".
These terms – "trip" and "walking in the clouds" - are catchphrases widely used by drug users; when under the effect of the same, they say they are "tripping" or in the "clouds".
We conclude that, in addition to advocacy of the narcotic and its use, the scene shows in an implied manner – subliminal -, "Gil" on a "trip" one might say – "very crazy" -, in a "flying Kombi", in the "clouds", being guided by the three passarinhos.
XIV – Near the end of the clip, the main character's donkey appears from behind, head lowered, eating something that is supposedly also the drug (02:42). We intuit this fact through the way the animal looks at its owner, that is, the way this look was represented in the clip - with eyelids at half the eyes -, in the same way that, in animated cartoons, a drugged character is represented (02:43).
Closing the clip, shortly before the credits begin to appear on the screen (III-a), we observe that "Marley" spends a good while "holding" the smoke, releasing it only at the very end (03:04). This gesture is characteristic of every drug user, that is, the person takes a drag 'on the baseado', filling the lungs with smoke, and, after a few seconds, slowly releases it.
We conclude that there is no doubt regarding advocacy not only in relation to the drug, but also, regarding the way to use it.
XV - It is known that Gilberto Gil has already been "officially" involved with the said drug in the State of Santa Catarina, during the "Doces Bárbaros" tour in July 1976, with Caetano Veloso, Gal Costa and Maria Bethânia. Gil was arrested with a small quantity of marijuana, in Florianópolis. Taken to the public jail, he admitted to being a user of the herb and was forced to be interned in an asylum in the state capital.
(Source: TERRA.COM.BR).
In his sentence, at the Florianópolis courthouse, the judge states that the singer "liked marijuana and that its use did not harm him..." before ordering the singer's internment in a psychiatric clinic for recovery.
(Source:CLIQUEMUSIC)
XVI – Gilberto Gil himself makes reference to marijuana when citing and defining the "rastaman", as he calls adherents of Rastafari culture: - "... The Rastaman: the same Stars of David,
the Lion of Judah, his mane in dreadlocks uncovering, emphasizing also long and kinky hair, his campaign clothes, vegetarian food, marijuana and on the lips, in a language full of new signs, a discourse, weapon for the struggle also for freedom and justice...". (emphasis ours).
Completing the syllogism he says, regarding Bob Marley: - "Marley: an explicit, real Rastaman".
(Source: Gilberto Gil Official Website)
OF THE LAW
XVII - Society in general, minors, the family and the church in particular, have the right, through the State, to defend themselves not only from pornography and licentiousness, but also from all advocacy made of the use of "licit" drugs such as alcohol and cigarettes, and, above all, those considered narcotics and consequently addictive, prohibited by law.
It is given to the State, as supervisory agent, through the MP, to scrutinize the authors of the music video – object of this denunciation – as well as the authors of the album, type CD, - "Kaya N' Gan Daya" -, their real purposes regarding the production of this work and respective dissemination in television and broadcasting media, since it does not add literary, educational and/or scientific values that, in some way, redeem it from all the harmful aspects cited above.
XVIII – The Federal Constitution, in article 227, provides that "it is the duty of the family, society and the State to ensure for the child and adolescent the right to dignity and respect, as well as to keep them safe from every form of exploitation".
It is also worth remembering that, the Child and Adolescent Statute - ECA, provides, in article 78:
Magazines and publications containing material improper or inadequate for children and adolescents must be sold in sealed packaging, with a warning of their content. (emphasis ours)
And in article 79 it establishes, textually:
Magazines and publications intended for the child and youth public may not contain illustrations, photographs, captions, chronicles or advertisements for alcoholic beverages, tobacco, weapons and ammunition, and must respect the ethical and social values of the person and the family. (emphasis ours)
It is also opportune to cite the Consumer Defense Code, which highlights among the various principles adopted, especially in the National Policy on Consumer Relations, that one of the objectives in meeting consumer needs is respect for their dignity, as well as, the efficient prohibition of any and all abuse practiced in the consumer market (CDC, art. 4).
Among the basic rights of the consumer is also protection against deceptive or abusive advertising and effective prevention and repair of individual, collective and diffuse damages (CDC, art. 6), in this way, the consumer is being harmed, by not knowing the real meaning of the terms cited on the CD cover and in the clip.
Within the scope of commercial practices, advertising is expected to be aired according to the principle of perfect identification, since the legislator did not accept in the name of the principle of loyalty, the use of clandestine or subliminal advertising (CDC, art.36).
We understand the cited references to the narcotic (marijuana) right in the title of the album "Kaya N' Gan Daya", as well as the images of the said music video, advocating the use of the drug, to be abusive, since they divert and attack important values of society, which abhors human degradation, whether regarding honor and morality, recognized, among other fundamental rights guaranteed in the Federal Constitution (CDC, art 37, §2º and CF art. 5).
XIX – According to Bill 5.047/01 authored by Deputy João Herrmann Neto, which amends Law no. 8.078, of September 11, 1990 (awaiting only publication) which "provides for consumer protection and other measures", prohibiting the airing of advertising containing subliminal messaging - the use of signs, words and gestures in this music video - is unethical and criminal.
It is worth citing the opinion of the Rapporteur, Deputy Luiz Bittencourt, on the aforementioned Bill, on August 4, 2003.
"The present bill seeks to fill an existing gap in the current Consumer Defense Code, regulating the use of subliminal messages, so common in commercial advertising and capable of influencing people, inducing them to consume certain products". (emphasis ours)
XX – In our interpretation, the fact is doubly criminal, since, in addition to the contained messages being of a subliminal nature – unethical and criminal -, the theme that involves the entire work is, without doubt, dissemination, advocacy of crime, in the specific case – marijuana, typified in Art. 287 of the Brazilian Penal Code.
XXI – As a greater aggravating factor, the accused is a federal public servant and a respectable public figure, both in the national and international musical artistic milieu (singer, composer), as well as a national authority, since he holds a top-ranking position in the federal government. Therefore, his acts, due to the credibility and respectability that the position of Minister of Culture entails, – in theory - tend to be imitated or at least regarded as "politically correct", not only by his 'fans' and admirers, but also by citizens in general.
With regard specifically to the music and its respective music video, there is a very great probability of influencing young people, children, adolescents and also adults, since it is aired on open TV without concern for time slot or age group limitation.
XXII - In light of these considerations, the abuse of the said attitudes becomes clear, since they attack important values of society, received by legislation, including the Magna Carta.
The affront to the principles and laws cited, as exposed here, deserves an adequate reaction, before these nefarious influences can interfere, as they have been occurring for decades, in the cultural, moral and social formation of the child and adolescent, compromising them in an irreparable manner, since they are still in a process of moral and psychic development.(Vide Art. 15 - ECA).
It is no coincidence that marijuana consumption grew fourfold among adolescents in the 16 to 18 age group, raising the volume consumed in Brazil to more than 700 tons per year, with the initial age of drug consumption becoming ever younger, today reaching children between 10 and 12 years old, among low and middle class families.
(Sources:Revista Veja:26-07-00/ SAUDE.INF.BR)
According to Renato Sabbatini (PhD), American neuroscientists postulate that drugs such as ethanol, nicotine and THC (tetrahydrocannabinol, the active principle of marijuana) - which in medical jargon is called a "gateway drug" - cause stimulation in the brain, increasing the level of a natural neurotransmitter called dopamine, in the pleasure centers, in a region called the limbic system. Once the individual's brain is familiar with this "innovation", it becomes more susceptible to using heavier drugs that stimulate the same dopamine receptors.
(Source authorized by the author: EPUB).
As is known, the use of marijuana causes serious damage to the physical and psychic health of the user, such as tachycardia, disturbance in the ability to calculate time/space, impairment of memory and attention, reduction of testosterone (infertility), impairments in learning and memorization capacity, amotivational syndrome (not feeling like doing anything anymore), etc.
(Source: Centro Brasileiro de Informações sobre Drogas Psicotrópicas)
This position is also shared by Paulo Alcides Amaral Salles, judge of the 12th Civil Court of São Paulo, when granting a preliminary injunction at the request of the Public Prosecutor's Office in the denunciation against MTV in October 2002, for having grafted subliminal images of a sadomasochistic nature into a commercial of the broadcaster, a denunciation also triggered by the NGO Mensagem Subliminar,
"... the right to information and freedom of expression is not to be confused with failure to observe the customs and practices of society and, above all, with failure to observe the dignity of human persons. The exposure of the population and minors to the images aired by the defendant, as emphasized, may create serious behavioral problems to the extent that the images subvert the values that society seeks at all costs to safeguard".
(Source: Revista Consultor Jurídico, November 5, 2002).
As citizens, we do not accept being conniving and partisan of any type of movement, practiced by class entities or persons, whether musical, political or "cultural", in the sense of disseminating and/or decriminalizing drugs in our society, especially those who rely on their position of influence in the media or public office for such. We understand that, preserving our children and adolescents today - physically, morally and intellectually from every parallel illicit and criminal activity related to drugs, is guaranteeing a wholesome future for our society and consequently our country tomorrow.
OF THE REQUEST
XXIII - In view of the foregoing, we request that Your Excellency deign to initiate a suitable procedural proceeding, aimed at obliging the mass media (MTV, Rede Bandeirantes, etc.) to suspend the airing of the music video "Three Little Birds", by Gilberto Gil, from the Warner Music label.
It is also understood to be pertinent the intervention of the Federal Public Prosecutor's Office, through the action of the Federal Prosecutor's Office for Citizens' Rights, inasmuch as the accused, Mr. Gilberto Gil, is a public authority, as established in the articles of Complementary Law no. 75/93:
o Art. 12 - The Citizens' Rights Prosecutor shall act ex officio or upon representation, notifying the questioned authority to provide information, within the deadline assigned.
o Art. 13 - Whether or not the information is received and the case instructed, if the Citizens' Rights Prosecutor concludes that constitutional rights have been or are being disrespected, he shall notify the responsible party to take the necessary measures to prevent repetition or to order the cessation of the verified disrespect.
Furthermore, it is worth citing CONAR (National Council for Advertising Self-Regulation) since, as a "CD" (Compact Disc) – "Kaya N' Gan Daya" – it is a marketable product.
In virtue of what was mentioned, it is also requested the use of available judicial instruments so that the collection of the product (CD - Compact Disc) "Kaya N' Gan Daya" and the DVD of the same title be arranged from commerce in general.
We take this opportunity to congratulate the brilliant performance of this body in the mission of defending the rights of millions of Brazilian citizens which coincides with the sole – and greatest - objective of the struggle waged by this NGO, which I have the honor of presiding over.
In these terms and with the attached documents,
Respectfully submitted.
São Vicente, April 10, 2004.
Prof. José Vicente Dias
ONG Mensagem Subliminar
CNPJ: 05.205.618 / 0001- 01
RG.:xxxxx-SSP / CPF:xxxx
Note: Annex 1: 01 CD with copy of the Music Video "Three Little Birds", for expert analysis.
Annex 2: 01 copy of the CD cover, of the same title. Idem.
With information from ONG Mensagem Subliminar - Official Website
Revista Consultor Jurídico, April 19, 2004.Category
#Reggae