How the three government branches intensified coordinated actions and made more sophisticated the mechanisms that restrict the right to protest over the past 5 years

5 YEARS SINCE JUNE 2013 — 5 YEARS SINCE JUNE 2013 — — INTRODUCTION —

were then put in evidence, driving an analysis of the these five years. On the other hand, court cases addition to being the stage for the production of period after the June Journeys to evaluate the current against protesters remained arising, along with norms related to the right of protest, the legislative scenario regarding the freedom to demonstrate. several examples of prior restraint in which the very arena also paraded episodes of violence and the In June 2013, the indiscriminate use of less-lethal occurrence of demonstrations became forbidden, complete suppression of popular participation weapons – such as rubber bullets, pepper spray completely curtailing the exercise of the right to with the closure of the Congress’ galleries and the and tear gas – and other arbitrary police practices protest. Moreover, as a direct reflection of protest recurrent withdrawal of protesters who disputed the generated emblematic imagery of protest repression repression, in this period were also observed proposals under discussion. . At that time, thousands of demonstrators, decisions of explicit blaming of members of the professional communicators, lawyers and even press, who suffered serious injuries while covering This summary on the five-year period since June passersby were turned into targets for aggressions, these events. 2013 is focused on two aspects. The first refers to arbitrary detentions and other illegalities. A the continuity of violations to the right of protest reflection of such repression was seen in other Likewise, on the Legislative field, the period that, evidenced on that occasion, were perpetuated areas of the Brazilian state that year, including the presented a high numbers of bills, often related over the subsequent years. Adjustments were immediate proposal of at least 20 restrictive bills and to the main topics on protests under discussion at made to improve repression and criminalization criminalization of demonstrators and communicators each moment, as illustrated by proposals on road mechanisms and to adapt them to relevant by means of investigations and lawsuits. blocking, on the need for prior notice for the exercise circumstances, such as major sport events, the wave of the right of assembly and on the use of masks of student occupations and the developments of the Introduction In the following years, that logic did not change. in demonstrations. There are currently at least 70 country’s political and social crisis, among others. Repression and criminalization actions remained legislative proposals under consideration in the The second aspect is the coordination – in some intense – and, in several cases, more sophisticated Brazilian Congress that aim to create new crimes, to cases deliberated – among different branches, – over the streets, the laws and courts; Furthermore, harden sanctions to existing crimes and to regulate government bodies and levels of State organization the coordination between different government the right to protest. Similar measures can also be to implement a complex group of restrictions, which bodies and levels became evident. In this sense, seen in the state and municipal levels. have been central in the Brazilian public agenda among the executive branch measures, the over the past years. The elements presented in sophistication of weapons and tactics of police Meanwhile, the emblematic Anti-Terrorism Law this analysis suggest the Brazilian State has been repression stands out, as well as restrictions to the was approved, encompassing several concerns strengthening all its instruments to suppress and right to protest becoming operational practices. regarding the criminalization of protesters and silence dissenting voices, in line with the general In this regard, one example, among many, is the social movements and strengthened by new bills deterioration of public liberties and fundamental participation of security forces that were not that aim to make this law even more restrictive. In rights in the current political scene. THE EXERCISE OF THE RIGHT TO PROTEST in Brazil traditionally employed in public demonstrations, such in the past 5 years has suffered a series of intense as Municipal Guards, and even the Army, in a whole and sophisticated restrictions by the government, chain of repression and criminalization. marked by institutional coordination among its executive, legislative and judiciary branches. Since It is worth highlighting that, since 2013, in view June 2013, the starting point for this analysis, police of the proximity of major events such as FIFA repression was combined with other initiatives aiming Confederations Cup in that same year and FIFA World to limit freedom of expression and the right of protest, Cup in 2014, the Brazilian government coordinated such as legislative proposals and restrictive court measures in the federal, state and municipal levels, decisions. The panorama resulting from protest through different agencies, to promote surveillance criminalization relates to a broader scenario of actions as a means to support police activity in regression in the guarantee of freedoms and basic demonstrations and other large public gatherings. rights, reduction of participatory spaces and use Such practice has several developments, from of public space, and the weakening of democratic systematic filming of protests by the police to the use institutions in the country. of images and information from protesters in police investigations. The investigations also used activists’ Repression to popular demonstrations evidently information available on social networks and even has not started here in 2013; Brazil is a country breached their message confidentiality, in cases with with a history of violence against protesters and a clear criminalizing bias. criminalization of social movements. The so-called ATTENTION June Journeys, however, are often considered a Regarding this point, it is important to highlight This work was licensed milestone of such narrative – at least when we the role of the legal system – represented by the under a Creative take into account the period after Brazil’s re- judiciary branch and the Public Prosecutor’s Office Commons license. Attribution – ShareAlike democratization –, due to the volume of protests for this analysis – on the reinforcement of protests’ 3.0 Not Adapted. and the intensity of repression, not common at the criminalization. On the one hand, the lack of external center of large capitals, but widely held against control for police activities, partly due to omission PRODUCED BY SUPERVISION COORDINATION TEXT DESIGN AND marginalized populations in the country. New and of these bodies, was key to the continuation of ARTIGO 19 Brasil Paula Martins Camila Marques Camila Marques ILLUSTRATIONS existing state practices to restrict the right to protest violations committed by the security forces over Mariana Rielli Mariana Rielli Instinto

OPEN TO READ THE INFOGRAPHIC LEGISLATIVE EXECUTIVE LEGAL SYSTEM

BILLS THAT CREATE NEW Sophistication of Charges with Vandalism repression tactics CRIMES SOPHISTICATED POLICE inconsistent bases Criminalization of social movements REPRESSION Terrorism “Enveloping” Conviction of Increase of “Kettling” CRIMINALIZATION protesters Acquisition of new surveillance Martial arts troops Use of masks weapons Criminalizing court Public rulings during disorder investigations Possession and Indiscriminate use of fireworks use of less-lethal weapons Israeli Occupation of armored Use of lethal weapons government vehicles departments Blocking of streets Robocop Vehicles suit with water BILLS THAT cannons BLAMING OF CHANGE ‘Moral VICTIMS OF POLICE Rubber effect’ EXISTING bullets Disproportionate REPRESSION grenades Pepper Lack of spray number of police Inversion of CRIMES identification of officers Tear gas police officers responsibility for grenades Sonic injuries caused to cannons individuals during Batons Replacement protests of names for Violations to alphanumeric the right to film Increase of sentences codes Prohibitory interdicts Variety of security Threats and Damage to property forces involved Criminalizing aggressions Disrespect for a public officer public Breaking and seizure Generic ban on of equipment Criminal association Riot Police, statements holding protests Military Police ROCAM (patrol with Detentions PRIOR Highway Police motorcycles) Army and Mounted RESTRAINT Aggravations Police Ban on participation Metropolitan Civil Guard Abusive approaches in demonstrations Subway officers BILLS THAT Damage to property Use of masks Lack of transparency Embarrassing REGULATE and accountability searches Recommendations of THE RIGHT TO the Public Prosecutor’s Lack of parameters Office to restrain protests PROTEST Increase of other types and transparency in of sanctions ARBITRARY police operation DETENTIONS Absence of Civil responsibility of accountability social movements and SURVEILLANCE leaderships Bureaucratization of prior notice Mass detentions Illegalities in detention Lack of structural OMISSION IN and questioning control by the Public THE EXTERNAL Prosecutor’s Office Prohibition of Detention for Physical aggression CONTROL OF the use of masks Use of investigation police force Arbitrary use of Psychological intimidation POLICE ACTIVITY definitions of crimes Limitation of access of family Surveillance on Absence of investigation members and lawyers the streets and accountability on illegalities and abuse Damages Violation of lawyers’ Resisting prerogatives Filming Arson Excessive delay demonstrators in taking to police Criminal association stations Undercover police officers Criminal solicitation of minors How actions are coordinated ROBOCOP Home invasion in the judiciary branch The suit used by Use of tactics the Military Police Administrative rules of Sao Paulo state and other regulations in police includes ballistic investigations Public Prosecutor’s Office and Judiciary: the helmet, gas “Assurance of Law and case of the 23 activists of Rio de Janeiro mask, balaclava, Order” (GLO) ordinance tactical gloves Investigation of and an integrated social networks exoskeleton CRIMINALIZING Unfavorable legal Breach of interpretations confidentiality ADMINISTRATIVE by monitoring communication ACTS Bureaucratization of prior notice Authorization to evict with no warrant Coordinated actions POLICE PUBLIC PROSECUTOR’S CRIMINAL INVESTIGATION OFFICE’S CHARGES PROCEEDING Police forces In the case of the 23 The Public Prosecutor’s in 2018, the 23 defendants activists of Rio de Janeiro, Office pressed charges were sentenced to at least How actions are coordinated Army How actions are coordinated the Public Prosecutor’s against the 23 activists for ag- 5 and a half years in pris- Brazilian Intelligence Office requested the gravated damages, resisting, on, most of them facing 7 in the legislative branch Agency (ABIN) in the executive branch monitoring of the bodily injury, possession of years sentences. Two of protesters’ communication explosives and criminal solic- the defendants were also FEDERAL LEGISLATIVE BRANCH Integration of security forces and a court granted the itation of minors. The Public found guilty of possession Over the past years, the Brazilian breach of confidentiality. Prosecutor’s Office also of explosive artefact, Congress saw at least 70 bills that fall recommended the preventive further aggravating the into all the categories listed above. The detention of the protesters. sentence to a total of 13 Anti-Terrorism Law and Law 13.281/2016 One of them was under arrest years in prison. stand out among legislations in place Integrated Command for 6 months that were approved in the period. and Control Center The latter increased sanctions to road The CICC, a monitoring center involving several blocking and was motivated by the truck security departments, was launched in 2013 in drivers’ protests throughout the country’s Federal and state court systems Rio de Janeiro and replicated in other Brazilian highways in 2015. STATE LEGISLATIVE BRANCH As of 2013, state laws have been states. The centers aimed to ensure security at the approved to regulate the right to then upcoming major events Brazil was holding protest in the Brazilian states of São but were also used to monitor protesters and Paulo, Rio de Janeiro, Alagoas, Minas coordinate repression to demonstrations. FEDERAL STATE Gerais, and others. The laws were The 2nd Federal Court of In 2015, the São Paulo mainly focused on the prohibition of Pelotas (Rio Grande do Sul Teachers’ Union started the use of masks in protests and on Civil state) forbade the obstruction a strike and staged a MUNICIPAL LEGISLATIVE BRANCH setting requirements for the prior Police Federal of highways BR-116 and BR-392 series of protests, which Bills have also been proposed on the Police notice provided in article 5, XVI of the during the protests expected to included occupations municipal level, such as PL 368/2014 Brazilian constitution. The Balta case Military happen due to the voting of the of buildings and road of São Paulo city, which focused on Police SAMU impeachment process of then blocking. The protest led the On 4 September 2016, 22 young individuals responsibility of social movements Fire President Dilma Rousseff the state government to and leaderships for damages caused in who were going to a protest in São Paulo Federal Department Highway file aprohibitory interdict, public gatherings, among other subjects. were arrested, in a coordinated action of the Police a preventive legal Porto Alegre city recently approved Military Police and the Army, for “crimes that instrument that imposes Supplementary Law 832/2018, which would be committed.” The action was marked Civil CET-Rio hefty fines in case of relates to fightingvandalism , and among by the sophistication of the strategy and the Defense Municipal disturbance of possession. other things, tightens up regulation on road technology employed, and by a series of Guard blocking and prior notice. violations against the demonstrators’ rights.

Branches involved in coordination How actions are coordinated between different branches

PRIOR NOTICE MASKS SURVEILLANCE ANTI-TERRORISM Discussions on the prior notice for protests, which has been The use of masks in protests has been generating different Over the past few years, many coordinated surveillance strategies regar- The creation of the crime of terrorism in Brazil, which was used to legitimize repression against demonstrators, have been government responses, in addition to repression, such as the ding protests have arisen, which include not only the integration of securi- driven by large events, is a threat to democratic freedoms held in all government spheres, involving regulation and even proposal and approval of several laws to forbid the practice, ty forces, but also the use of surveillance data in investigations and legal and social movements. It involved both legislative and the Federal Supreme Court interpretations. which will also be discussed in the Federal Supreme Court. proceedings against demonstrators and bills to increase surveillance. federal executive branches

Several bills, in a larger During a wave of pro- Use of masks In 2013, ABIN number after tests, the Public Secu- as pretext for set up a sys- 2013, seek rity Department of São widespread tem for internet to define Paulo issues statements repression monitoring terrorism as on the need of prior seeking to anti- a crime After approval, at notice and description cipate protests least 10 new bills are of protests’ routes. proposed by legislators to make the Anti-Ter- Local police made rorism Law even more “virtual rounds” restrictive Courts issued In the Federal across social decisions prohi- Supreme Court, networks profiles biting protests there is an ongoing of demonstrators, or imposing legal discussion on who were then fines for the lack the constitutionality prosecuted based of prior notice. of one of the state on the information laws that forbid the collected. use of masks. The Army used the Protests that do “Guardião” software not provide prior Several state for internet monitoring Systematic use of notification on their Bills on the laws approved and for sending infor- cameras by police The Federal Executive Negotiations on the wording planned route and matter come up the forbidding Several bills are mation to the Federal officers in large branch proposes a bill of the law, during the process causes could suffer in the Chamber of masks in proposed in the Police and Public protests to film that originated the Anti- of bill 2016/2015, involve the police repression. of Deputies. protests federal level Security Departments. demonstrators Terrorism Law executive branch