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