President Jair Bolsonaro sanctioned with vetoes on Thursday, 2nd, Law nº 14.197/2021, which revokes the National Security Law (LSN), a remnant of the military dictatorship. Created in 1983 and little applied after the 1988 Constitution, the LSN returned to being used more frequently by the current government. According to the state showed last March, there were 77 inquiries opened by the Federal Police (PF) based on legislation between 2019 and 2020 – an increase of 285% compared to previous governments.
The text sanctioned by Bolsonaro was approved by the Senate last August 10th. Three decades elapsed between the presentation of the repeal bill, in 1991, and its approval by the Chamber of Deputies, in May of this year.
In addition to revoking the LSN, the proposal approved by lawmakers adds articles to the Penal Code to define crimes against the Democratic Rule of Law. In the publication made in the Official Diary of the Union on Thursday, four articles were vetoed by the president.
Bolsonaro fully vetoed the chapter on crimes against citizenship and two articles in the chapter on crimes against the functioning of democratic institutions in the electoral process.
As a result, the provisions that criminalize deceptive mass communication and the attack on the right to demonstrate were vetoed.
The provision that provides for subsidiary private criminal action, “initiated by a political party with representation in the National Congress”, was also vetoed in cases where the Public Prosecutor’s Office does not act within the period established by law, “offering the complaint or ordering the archiving of the investigation ”, for the crimes of interruption of the electoral process, political violence and deceptive mass communication.
As well as the provision that provides for an increase in the sentence if the crimes listed by the legislation are committed by public or military officials, or even with “violence or serious threat exercised with the use of a firearm.”
The president is investigated by the Supreme Court in the so-called fake news inquiry, which investigates the disclosure of false information. To veto the passage that deals with the topic, Bolsonaro justified that the provision goes against the public interest “by not making clear which conduct would be the object of criminalization, if the conduct of the one who generated the news or the one who shared it (even without the intention of massification. la), as well as giving rise to doubt whether the crime would be continued or permanent, or even if there would be a ‘court of truth’ to define what would come to be understood as untrue to the point of constituting a punishable crime” by the Penal Code.
In addition, according to the government, “the generic wording has the effect of removing the voter from the political debate, which would reduce their ability to define their electoral choices, inhibiting the debate of ideas, limiting the competition of opinions, going against to the context of the Democratic Rule of Law, which would weaken the democratic process and, ultimately, the parliamentary performance itself.”
Bolsonaro also vetoed the part that increased by half, with loss of rank or graduation, the penalty for military personnel who committed crimes against the rule of law. “Despite the good intention of the legislator, the legislative proposal goes against the public interest, since it violates the principle of proportionality, placing the military in a more serious situation than other state agents, in addition to representing an attempt to prevent the demonstrations of thoughts emanating from more conservative groups”, says the reason for the veto forwarded to Congress. more conservative groups.”
Over the next 30 days, the National Congress, in a joint session between the Chamber and the Senate, must analyze the president’s vetoes, and may maintain or overturn Bolsonaro’s denials of the new law.
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