The day after the United States, opposition deputies filed bills that deal with Brazil’s way of confronting terrorism internally.
One of the projects, presented by general Eduardo Pazuello (PL-RJ), proposes a change in the 2016, to include cyber attacks among the conduct classified as terrorism and revoke a section that currently protects political demonstrations, unions and social movements from automatic inclusion in legislation.
According to the text, the crime of terrorism would no longer be characterized only by acts motivated by xenophobia, discrimination or prejudice based on race, color, ethnicity and religion, as it currently is. The proposal provides that terrorism can be carried out for “political, religious or social” motivations, as long as it aims to seriously intimidate the population, embarrass public authorities or destabilize the country’s political, constitutional, economic or social structures.
In justification, Pazuello claims that the inclusion of political, religious or social motivations in the legislation aims to “correct a historical omission” and that “extreme violence cannot be legitimized under the cloak of social or political causes”.
“Acts designed to intimidate the population or coerce public authorities rarely occur in a vacuum; they are, in essence, driven by motivations that seek to destabilize the country’s fundamental structures”, he states.
The other text filed in the Chamber, authored by deputy Luiz Philippe de Orleans e Bragança (PL-SP), proposes to prohibit the entry into Brazil of people “provably linked”, collaborators or supporters of a terrorist organization, transnational criminal or linked to drug or human trafficking.
The congressman’s proposal defines the provision of services, financing, training, organization of events and logistical support for these organizations as links, collaboration or support for a terrorist organization.
The project envisages amending the 2017 Migration Law so that people who are classified as terrorists are included in national and international lists, recognized by the Brazilian State.
The text also proposes to impose consequences for foreigners who are already in national territory. According to the text, tourists, residents or holders of other immigration documents who have a relationship with organizations considered terrorists may have their visas and residence permits cancelled.
Expert talks about “legal problem”
For constitutional law professor Henderson Fürst, the changes proposed by the deputies could open up a legal problem in the country, as there is no objectivity in classifying an act as politically motivated.
“This makes it an uncertain legal term. What is a political motivation? Would it be the same as xenophobia, discrimination and prejudice? Basically, a new legal problem is created. The motivation of Brazilian organized crime is not political, as far as we know, it is financial”, he told CNN.
The dispute over the classification as a terrorist had already occurred during the discussion of PL Antifaction last year. The then rapporteur of the text, deputy Guilherme Derrite (PP-SP), proposed equating criminal factions with terrorist organizations. The section, however, was dropped before moving forward after pressure from the government, as it could include organized crime groups on international terrorism lists.
At the time, the argument was that this could precisely give room for a government, like Donald Trump’s, to promote actions against Brazil. At the time, the United States classified Venezuelan organizations as terrorists before invading the country and kidnapping Venezuelan President Nicolás Maduro.
