Former director of Rio’s Museu de Arte Moderna ordered to pay breach-of-contract fine – The Art Newspaper

A Rio de Janeiro court has ordered Fábio Szwarcwald, the former director of the Museu de Arte Moderna do Rio de Janeiro (Mam Rio), to pay 100,000 reais (approximately $20,000) for breach of contract. The ruling follows public statements Szwarcwald made regarding the museum’s lack of fire insurance between 2006 and 2022.

Why was the former director fined?

The Rio de Janeiro justice court ruled that Szwarcwald violated a contractual confidentiality clause by publicly exposing internal issues. According to the court, these statements caused “significant reputational damage” to the institution.

Mam Rio argues that the disclosures undermined its credibility with artists, donors, and the art market. The court maintained the fine even though the information Szwarcwald disclosed may have been true.

What were the disputes over museum safety?

Szwarcwald, who served as director from 2020 to 2022, pushed for urgent infrastructure and safety improvements. He stated that the museum lacked fire insurance for 16 years, which he called “the last straw” leading to his resignation.

Under his leadership, operating costs rose from 14 million reais ($2.8 million) to 22 million reais ($4.3 million). Szwarcwald argued this spending was justified by a rise in fundraising to around 20 million reais ($3.9 million).

Funds were used to modernize electrical and fire systems and increase security cameras from 16 to 80. These costs created tension with the museum’s board, which eventually appointed a separate administrative director to manage finances.

What is the significance of the Mam Rio collection?

The museum holds one of Brazil’s largest collections, totaling around 16,000 works. This includes pieces by Tarsila do Amaral, Hélio Oiticica, Alberto Giacometti, and Constantin Brâncuși.

The building itself is a proto-Brutalist concrete structure designed by architect Affonso Eduardo Reidy. While the structure survived the 1978 fire, the loss of half the collection at that time underscores the risk management concerns cited by Szwarcwald.

What happens next in the legal battle?

Szwarcwald plans to appeal the fine, according to Brazilian media. He argues that the lack of fire insurance is a fact acknowledged by Mam Rio and does not constitute a trade or industrial secret.

The court has already ordered the museum to pay Szwarcwald the compensation agreed upon in his original contract, as his agreement remained in effect until January 2022. A future ruling could either uphold the fine or determine that safety disclosures are exempt from confidentiality clauses.

Frequently Asked Questions

How much is Fábio Szwarcwald required to pay?
He has been ordered to pay 100,000 reais, which is approximately $20,000.

Who is the current director of Mam Rio?
Paulo Albert Weyland Vieira, who served as interim executive director before transitioning into the full director role.

What other roles has Fábio Szwarcwald held?
Szwarcwald worked in finance, is a prominent art collector, and served as director of the Escola de Artes Visuais do Parque Lage starting in 2017.

Do you believe institutional confidentiality should protect a museum’s safety records from public disclosure?