Armed Force’s repression of protests is an affront to democracy
Conectas Human Rights vehemently condemns President Michel Temer’s decision to deploy the Armed Forces to repress protests on Brazilian highways
Conectas Human Rights vehemently condemns President Michel Temer’s decision to deploy the Armed Forces to repress protests on Brazilian highways.
The precautionary measure, dispatched by Federal Supreme Court (STF) Minister, Alexandre de Moraes last Friday 25, authorising the use of security forces to remove road blocks – including those that are partially occupied – is questionable in terms of the constitution and international human rights law, given its scope and disproportion, among other arguments. The decision is contrary to the STF’s previous position on the right to peaceful protest on public roads.
The precautionary measure was used as justification for the proclamation, also on the 25th, of Presidential Decree no. 9.382, authorising the deployment of the Armed Forces to remove obstructions on any public road, whether federal or state or within a city or municipality. International bodies such as the Inter-American Commission on Human Rights of the OAS and the United Nations High Commissioner for Human Rights previously condemned Brazil when, in May 2017, a presidential decree authorized the Army to repress protests in the Federal District.
The right to protest is a form of political participation. As such it is guaranteed by the Brazilian Constitution. Protection and facilitation of this right are the authorities’ obligation and they should develop communication channels with protesters in order to keep essential services running without having to totally disperse protests.
We are currently witnessing a process of militarisation in a number of spheres of the Brazilian state. Michel Temer’s decision to deploy the Armed Forces to repress the lorry drivers’ protests is a further affront to democratic principles and the protection of civil life. The national, indiscriminate scope of the decree points to the current Federal Government’s disregard for the exceptional measure of deployment of Armed Forces within national territory.
Conectas reinforces its position that the use of the military for activities which do not fall within constitutional jurisdiction – such as public security in managing social protests – is unacceptable. As well as being trained and armed for very specific situations, members of the Armed Forces are subject to special disciplinary code, to special penal law (Military Penal Code) and are judged by special courts (military). These are all based on wartime logic. We condemn the Federal Government’s attempt to treat Brazilian citizens as a threat that justifies military intervention of this nature.
As such, we demand the immediate repeal of the presidential decree and urge state and local governments not to be complicit with this violation and not to request the deployment of Armed Forces on roads within their jurisdiction.
