Crimes against honor (insult, slander or defamation) against public authorities will have a criminal offense in relation to a common citizen
After approval by the STF, crimes against honor (injury, slander or defamation) against public authorities will have a criminal offense in relation to a common citizen. Evidently, the decision violates equality before the law and discourages criticism of members of the State, which is fundamental in a democracy.
The decision alone would be bad at any time. However, the STF’s understanding comes at the worst time, as any criticism of members of the Judiciary is transformed into an “attack on democracy”, with the risk of the person on the social network or the journalist being unfairly investigated and prosecuted for insult, slander or defamation. If the current environment already inhibits criticism with cases of prior censorship (taking down profiles without due legal process), imagine with criminal offenses?
There is no developed country in which there is total immunity for members of the State. On the contrary, presidents, ministers, senators, deputies and judges must be accountable to society. After all, it is the population that supports them through taxes. Therefore, criticism must be seen as a natural process in a democratic environment.
Many ministers shield themselves by saying that freedom of expression is not freedom of offense. Such justification is dangerous, since there is no such thing as a “permitted” or “true” opinion, except in authoritarian regimes.
STF ministers should judge cases in order to protect individuals against the power of the State, and not the other way around. Using the State to immunize a segment of society from unpleasant comments violates democratic and republican principles.
*This text does not necessarily reflect the opinion of Jovem Pan.
