Senator presents bill to punish scammers for terrorism – 01/24/2023 – Panel

Senator Alessandro Vieira (PSDB-SE) presented a bill to include political motivation as justification for conviction for terrorism. Under current legislation, crimes committed based on xenophobia, discrimination or prejudice based on race, color, ethnicity and religion can only be typified in this way.

In this framework, the acts of vandalism committed by coup plotters on the last 8th cannot be punished as terrorism.

“Although the term ‘terrorism’ has a political meaning in addition to the legal one, with different interpretations around the world, the acts carried out do not constitute terrorists according to Brazilian criminal law”, justifies the senator, adding that Brazilian norms go against the grain of international treaties and the laws of countries like the United States.

If approved, it will serve to punish similar cases in the future. The Brazilian legal system does not allow a new law to retroact to punish or harm someone.

The Anti-Terrorism Law was approved by the National Congress in 2016, under pressure from civil society organizations and leftist parties to avoid condemning social movements such as the MST (Movimento Sem Terra). Parties like PT and PSOL, for example, articulated overthrowing in the Chamber the passage that had been included in the Senate providing for politically motivated punishment.

To avoid undue convictions, the senator also presented a PEC (Proposal for a Constitutional Amendment) to restrict terrorism investigations to the PF (Federal Police) and judgments to the STF (Federal Supreme Court).

“We understand that terrorism crimes are exceptional and can only be applied in the criminal procedural system with the utmost caution, either because of the high penalties, or because the security measures are serious. Furthermore, care must be taken that social manifestations valid and claiming rights are not penalized under the anti-terror law”, he explains.

Law 13.260/2016 was sanctioned by former President Dilma Rousseff (PT), with vetoes. Sentences can reach up to 30 years.

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