Even under STF patrol, people return to the streets against abortion

The hard line adopted by the Federal Supreme Court (STF) after January 8th had as one of its consequences the temporary demobilization of the population and the reduction of protests in the first half of the year. This trend may be coming to an end with the demonstrations taking place this Thursday (12), in dozens of cities across the country, against abortion and in defense of life.

The Brazilian right, which, in recent years, had created a routine of taking to the streets to raise its flags, found itself cornered in the face of arbitrary restrictions imposed by the Judiciary on freedom of demonstration: in the post-8/1 measures, not only those who participated acts of vandalism were targets of the STF, but also those who were only present at the demonstration, who were later seen together with protesters, or who simply demonstrated support for some agendas defended by those who camped in front of the Army Headquarters.

In January, a decision by the Supreme Court banned protests across the country, without establishing a date for the end of the restriction, which is unconstitutional. Jurists consulted by People’s Gazette state, however, that this decision is probably no longer valid, despite having a confusing and ambiguous text.

Arbitrariness generated fear: organizing protests with certain agendas, especially those linked to the right, became a risk. Right-wing movements indicated fear of being legally exposed when taking to the streets under the patrol of the Supreme Court.

This Thursday’s event against abortion therefore takes on a test character: it is the first attempt at a major national mobilization made by groups linked to the right after January 8th. Organizers are betting that this will be the biggest pro-life march in Brazilian history. The expectation is that they will easily surpass those that occurred last weekend.

The STF is only an indirect target. The organizers want to depoliticize the march and, therefore, chose not to mention the court or the Lula government in the calls for the event. Between the lines, however, the main motivation for the march is evident: Rosa Weber’s vote in ADPF 442 in favor of the decriminalization of abortion in the country.

Legal care is required to immunize the event against any arbitrary decision. Lúcio Flávio, national coordinator of the Marcha da Família – group that is the main organizer of the event – ​​states that the agenda for the demonstration on October 12th was registered at a notary’s office.

“We have a manual in which we make public and register in a notary’s office what our authorial agendas are, the agendas of the movement, so that any other agenda that enters in an infiltrated way or in an illegitimate and unauthorized way is not attributed to us”, he explained to People’s Gazette.

Local coordinators of pro-life groups also report greater caution than usual. Bethy Frank, who leads the Abrapa movement (Brazilian Organization of Patriots) in Paraná and is helping to call for demonstrations in Curitiba, states that she feels a fear in the message groups themselves about joining the organization of the event.

“You really need to do the right thing and in the right way so as not to run a risk. All we don’t want is to see people having their freedoms curtailed for going in search of freedom. We have to lead these people very well so that they feel safe , too. And this moment is not a moment to feel insecure, because we are going to defend life, against abortion and gender ideology. We are going to defend the family and children”, he says.

Marcos Vitor Lessa, member of the board of directors of the Conservative Movement Chosen by God, says that the group has drawn up a term of responsibility for those who will speak during the event on Avenida Paulista, in São Paulo.

“We don’t want to ‘say good morning to horses’. Our term of responsibility has established some guidelines. Any and all speech that, mainly, may have to do with slander, insult, defamation or incitement to violence, incitement against the powers, will be done at the person’s own risk”, he states.

Several of the groups participating in the demonstrations on the 12th are also organizing calls for the right-wing movement marches scheduled for November 15th, which will have more political agendas than those of this Thursday’s event.

Legal experts say demonstrations against abortion should go smoothly, but issue warnings

Lawyer Miguel Vidigal, a specialist in Civil Law, recalls articles 5 and 220 of the Constitution, which guarantee, respectively, freedom of expression and demonstration in Brazil.

“These are the pillars that guide any type of public demonstration in our country. They should be the safe haven for anyone who intends to hold any type of public and peaceful meeting. The reaction of the Federal Supreme Court in relation to the events of the last 8 January were, as everyone knows, quite energetic, to the point of stifling any and all public action contrary to the 2022 elections. I understand – and I hope this is the case – that the Supreme Court’s decision was punctual and should not extend to other topics that are capable of taking the population to the streets”, he states.

Vidigal observes that the fear of right-wing movements to speak out stems from a feeling of double standards from the Supreme Court following recent decisions, especially in the reaction to 8/1. “Many wonder if the right to demonstrate is prohibited in the country for a portion of the population. See, violence and invasions of public buildings, including the Supreme Court, have unfortunately always occurred in the country. In 2017, a mob broke up several ministries in Brasília, there were a widespread breakdown, including serious damage to the Supreme Court building. Recently, in 2023, technological and scientific research farms belonging to the Union were destroyed by leftist militants. Participants in both demonstrations walk calmly through the streets, without anyone knowing public of legal proceedings against them”, he comments.

For him, however, “the Supreme Court’s heavy hand in relation to January 8th should not extend to other public demonstrations with a conservative bias.” “Many wonder if, from January 8th, the relativization of articles 5 and 220 of the Constitutional Charter will be the rule in our future. I understand that not”, he assesses. “In the last week, numerous demonstrations against abortion took place in several cities across the country, with the presence of thousands of people. From the photos that circulate, the security forces accompanied and guaranteed security throughout these meetings”, he adds.

Rodrigo Marinho, master in Constitutional Law from the University of Fortaleza (Unifor), warns of the need for a prudent judgment of the agendas that will be defended at the event against abortion, and a firm grip on the event organization against possible abuses.

“You have to be intelligent. There is already so much nonsense that has been done. Asking for military intervention, for example, is nonsense. It will be used against. Or talking about closing the Supreme Court… I can ask for the impeachment of a minister, but I cannot ask for the closure of the Supreme Court. It will be used against. You cannot fall into the wave of these requests, because they are requests that will be considered anti-democratic, and this is bad for the demonstration, which has a very good agenda, which is an agenda for life. So, is to be cautious. The organization will have to be very strict about this, when they say something about the end of the STF, the military dictatorship, anything like that. It’s a mistake, it’s always a mistake”, he states.

Vidigal recalls that “caution is provided for in the law itself”. “Each and every demonstration must have its peaceful and orderly character as its starting point. It was no coincidence that the constitutional text guaranteed freedom of demonstration as long as public meetings take place without weapons and peacefully. This premise is a basic rule of human coexistence for large mobilization meetings.”

The jurist makes the reservation that, in the midst of crowds, “there can always be infiltrators with the intention of tarnishing legitimate popular demands.” “We need to think of ways to discover, report and hand these troublemakers over to the police authorities,” he says. “Another point is to always notify city halls of demonstrations. This alert is mandatory by law and also guarantees the support of the Military Police to curb possible violence during demonstrations”, he adds.