Brazil: New legislation cancels liberty for alleged crimes against ‘democracy’

Legislation proposed last week in Brazil’s Congress proposes granting authorities the ability to suspend civil liberties on suspicion of crimes against ‘democracy’ even before charges are filed.

The draft law is an amendment to Decree 3.689 of the country’s Criminal Code of 1941, which allows preventive arrests for alleged crimes punishable up to four years. Amendment 144-B would allow the seizure of assets and suspension of civil rights for alleged crimes against the “democratic rule of law”:

In cases where there is sufficient evidence of authorship or financing of crimes against the Democratic Rule of Law, the judge, ex officio, at the request of the Public Prosecutor's Office or the Union, in cases of damage to its assets, or upon representation by the police authority, after hearing the Public Prosecutor's Office, may decree measures to secure the assets, rights or values of the investigated or accused, persons, at any stage of the proceedings or even before the complaint or indictment is offered.

With the Bill, it is hoped to be strengthened the legal instruments available for action for damages arising from offences against national sovereignty, against democratic institutions, against the functioning of democratic institutions in the electoral process and against the functioning of essential services.

While “democratic rule of law” is not defined in the legislation, it is a term usually accompanied by calls to suppress political opponents.

Other legislation introduced earlier this year sought to force social media companies to remove users without notice for a host of reasons, which include posting content against “the democratic rule of law”. When social media companies like Telegram pushed back against the bill, Minister of Justice and Public Security Senator Flávio Dino attacked it for placing “democracy under attack”.

Following a large — and allegedly staged — protest on January 8th against the Brazilian presidential election, European political party Renew Europe called for strict censorship measures to protect “democracy and the rule of law”.

Luiz Inácio Lula da Silva, a socialist who previously served prison time for corruption, was declared the winner after reportedly beating incumbent President Jair Bolsonaro by the narrowest margin in the country’s history. Some areas also reported zero votes going to Bolsonaro. But while even high-ranking military officials contested the election’s legitimacy, the judiciary launched a major crackdown on protesters to “protect democracy” including permission to seize their children.

Also following the protest, Supreme Court Justice and Superior Electoral Court (TSE) President Alexandre de Moraes tried to bar 11 elected legislators from assuming office because they threatened the “democratic rule of law” by questioning the election or supporting those who do.

Some lawmakers also put forth legislation proposing a new criminal code for crimes against the “Democratic Rule of Law” including criminalizing “election-related misinformation”.

Totalitarian world leaders, including Venezuelan dictator Nicolás Maduro, condemned the protesters for attacking Brazil’s “democratic institutions” and affirmed their support for Lula.