Commission approves project that criminalizes misuse of the Brazilian flag

The bill, PL 5,150/2023, which criminalizes the production, distribution, commercialization and use of the National Flag with altered colors and shapes and associations with symbols of political parties, groups and social movements was approved this Wednesday (6) in the Commission of Defense of Democracy of the Senate. The text is now being analyzed by the Constitution and Justice Commission (CCJ).

The project by senator Cleitinho (Republicanos-MG) received a favorable opinion from the rapporteur, senator Hamilton Mourão (Republicanos-RS), and now goes to the Constitution and Justice Commission (CCJ), on a final basis.

The text adds an article to Law 5,700/1971, establishing that this type of alteration to the National Flag is considered a crime and subjects the offender to a prison sentence of three months to one year or a fine. The 1971 law establishes norms and standards for the creation and use of national symbols, providing for penalties in the case of violation.

In justifying the proposal, Cleitinho points out that “no matter the political orientation, no one is given the right to subvert the colors of our National Flag”. He even mentions, with the “purpose of associating it with the symbol of a political party, groups and movements, as they can be created, merged or incorporated into others or even extinguished”. “Our National Flag is perennial and cannot be distorted”, argues Cleitinho in justifying the project.

Senator Mourão highlights that the National Flag is an extremely important symbol for the Brazilian people and that no one should have the right to subvert its colors and shapes, especially with the aim of associating it with party or ideological symbols.

Mourão also recalls that article 13, § 1, of the Federal Constitution establishes the national flag, anthem, weapons and seal as symbols of the Republic. This demonstrates, according to the rapporteur, “the relevance that the Constituent intended to confer on the matter, by inserting the aforementioned provision in Title II of the Magna Carta, which deals with fundamental rights and guarantees, thus configuring a permanent clause in our constitutional order”.

*With information from Agência Senado