Lula did not sign a decree to put an end to private property – 7/6/2023 – Power

It is false that a decree published by President Luiz Inácio Lula da Silva (PT) gives powers to the federal government to put an end to the right to private property and confiscate possessions in the country, as the publication claims.

Instituted on January 31, 2023, decree 11,407, cited in the publication, creates the Social Participation System with the objective of “structuring, coordinating and articulating the federal government’s relationship with civil society organizations and popular movements to prepare and analyze policies public”. Moreover, the decree does not even mention the words “property” or “confiscation”.

Contrary to what the author of the video verified by Projeto Comprova says, the right to property is an immutable clause of the Brazilian Federal Constitution of 1988, that is, it cannot be changed by decree or even via PEC (Proposed Amendment to the Constitution). .

Present in article 5, it establishes that “all are equal before the law, without distinction of any kind, guaranteeing Brazilians and foreigners residing in the country the inviolability of the right to life, liberty, equality, security and property”.

That is, no government can allow the state to confiscate private property by decree.

In the video, the author also says that the decree will depend on approval by the National Congress. However, presidential decrees do not pass through the legislature. The texts are acts aimed at public administration or regulation of legislation and enacted by the presidency. If they are considered unconstitutional, the decrees can be invalidated by Congress or by the STF (Federal Supreme Court).

False, for Comprova, is content that was invented or that has been edited to change its original meaning and deliberately disseminated to spread a falsehood.

Reach

Comprova investigates suspicious content with greater reach on social networks. The TikTok post investigated had 13,500 likes, 1,700 comments and 18,600 shares as of July 4. On Twitter, there were about 9,000 views, 114 retweets and 181 likes by July 5th.

How do we check

The first step was to search Google and the Official Gazette for the decree mentioned in the video and check the date on which the document was signed by Lula and what determines it. We also looked in the professional media for the repercussions on the subject and found articles from Agência Brasil, G1, among others.

Afterwards, we tried to find out if it is possible for the president to change the country’s private property system, as the man stated in the investigated content. For this, we consult the Constitution.

We also looked for information on how presidential decrees are processed in Brazil. We also interviewed two experts on the subject: Lucas Azevedo Paulino, doctor in constitutional law from UFMG (Federal University of Minas Gerais), and Sandro Schulze, a lawyer specializing in civil law and partner at A. C Burlamaqui Consultores.

Finally, the report contacted the person responsible for publishing it on TikTok.

Constitutionality

For Lucas Azevedo Paulino, from UFMG, the information “is grotesque fake news”. He clarified that every procedure, whether expropriation or expropriation, is constitutionally and legally defined.

“Expropriation is a prerogative of the government, but it has to protect fundamental rights,” he told Comprova.

“The right to property is provided for in article 5 of the Constitution along with the right to freedom, the right to life. And all exceptions related to the right to property, all restrictions, are constitutionally provided for,” he said.

According to Paulino, the hypotheses of property confiscation or expropriation that exist are provided for in article 243 of the Constitution and are by:

• illegal cultivation of psychotropic plants, i.e. drugs
• by slave labor or labor analogous to slavery.

Another hypothesis for the loss of property is expropriation, an exception also provided for in the Constitution, in which there is compensation in cash. “This can happen for public or social interest, in agrarian or urban reform, which is expressly in article 5⁰ and in other devices”, he explained.

Civil law specialist Sandro Schulze said that the right to property is also protected by article 1,288 of the Civil Code. “The norm provides, likewise, that the owner has the faculty to use, enjoy and dispose of the thing, and the right to recover it from the power of whoever unjustly owns or holds it”, he explained.

the decree

Launched in a ceremony at the Planalto Palace and signed by Lula on January 31, Decree 11,407 institutes the Social Participation System with the aim of guaranteeing dialogue between the federal government and social movements to elaborate and evaluate public policies.

The text foresees that the interministerial organization will be managed by the General Secretariat of the Presidency, responsible for the articulation with the Social Participation and Diversity Advisories of the ministries.

On the same date, the Social Participation Council was also created, chaired by Lula and made up of representatives of 68 civil movements and organizations, which will meet every three months to ensure society’s participation in the execution of the proposals.

According to Paulino, the decree is an instrument of participatory democracy and complies with the Brazilian Constitution and legislation. “The text talks about social participation in public administration. The Executive Power constitutes councils to dialogue with social entities and social movements, businessmen and all the living forces of society”, he stated.

Schulze also emphasized that the decree signed by Lula “has nothing to do” with confiscation or forced loss of private property and that the norm has the “primary objective of maintaining an effective communication channel with society.”

What the person responsible for the publication says

The report contacted the profile responsible for publishing the content on TikTok, which did not respond until the completion of this verification. The user could not be located on other social networks such as Twitter and Instagram. The piece of misinformation was deleted from the social network after the investigation began.

What can we learn from this check

The tactic used in the disinformation piece is to put the number of a decree and make alarmist claims, without actually showing what it predicts. When faced with situations like these, be suspicious. Research the original text before sharing and/or relying on the information, in order to verify what has actually been determined.

When looking for the link written in the video, it is not possible to find the decree mentioned in the content. This could be another sign of misinformation.

It is relevant to look for reports in the professional press on the subject. Changing a constitutional right would be widely reflected and discussed both in the National Congress and by civil society.

Also be aware of alarmist expressions, such as the words “alert” and “important” used in the analyzed video and common in pieces of misinformation. Exaggerated terms like these are not usually used by journalistic vehicles in similar contexts.

why do we investigate

Comprova monitors suspicious content published on social networks and messaging apps about public policies and elections at the federal level and opens investigations for those publications that have achieved greater reach and engagement. You can also suggest checks via WhatsApp +55 11 97045-4984. Suggestions and questions related to questionable content can also be sent to Sheet via WhatsApp 11 99486-0293.

Other checks on the topic

The same video with false information was investigated by other fact-checking agencies, such as Estadão Verify, UOL Confere, Aos Fatos and Fato ou Fake do G1. Recently, Comprova verified that it was false that the bridge over the Araguaia River was embargoed by the Lula government and also that it is not true that Lula bought a new presidential plane for 400 million.