Violation of freedom of expression
New bill would punish anyone who blocks traffic to protest
The Senate approved in early April another executive bill that restricts the right to protest in Brazil. The bill alters the Brazilian Traffic Code by establishing harsh penalties for anyone who obstructs public streets without prior permission from the authorities.
The text sets a fine of 20 times the amount of the penalty levied for ‘serious traffic infractions’ for anyone who “interrupts, restricts or disrupts circulation on streets”, whether on foot or with a vehicle, and a fine of up to 100 times the amount for the organizers. It also creates the legal institution of “authorization” for use of the streets for demonstrations, in violation of the Federal Constitution, according to which it is necessary only to give prior notification.
In condemnation of the law proposed by the Executive, several civil society organizations, among them Conectas, sent a letter to President Dilma Rousseff last Wednesday, April 20, calling on her to veto the bill. The organizations stated that the measure is not consistent with democratic and constitutional principles. “This change is a direct infringement of the freedoms of expression and protest in that, besides having an intimidatory effect on account of the harsh penalty, it proposes to make freedom of demonstration dependent on authorization from a public body, in violation of international standards and the Brazilian Constitution,” reads an excerpt from the letter.
By pointing out that the right to protest and freedom of expression and association are enshrined in the Universal Declaration of Human Rights and the American Convention on Human Rights, both of which have been ratified by Brazil and are considered higher than domestic legislation, the human rights organizations are asking President Rousseff to use her prerogative to veto articles 253-A and 254, VII of the bill and their respective paragraphs, based on them being unconstitutional and running counter to the public interest.
- Click here to read the letter in full.
