Legal experts condemn anti-terrorism bill.

The proposal to create a law that criminalizes the practice and incitement of disorder was classified as a threat to the right to protest by law professors interviewed by [source name]. Agency Brazil. The draft proposal was delivered today (12) by the Secretary of Security of Rio, José Mariano Beltrame, to Senator Vital do Rêgo (PMDB-PB) and coincides with the moment when the House is also discussing the so-called Anti-Terrorism Law, whose review was postponed until next week..

According to Leonardo Vizeu, a professor of Constitutional Law at the Federal University of Rio de Janeiro (UFRJ), the country doesn't need to create a law encompassing all the existing crimes, but rather apply those already in place. "We already have the crimes of damage, gang formation, bodily harm, and incitement to crime. We don't need a law that's piecemeal," he said. He believes the proposal is taking advantage of the public outcry surrounding the death of cameraman Santiago Andrade during a protest in Rio.

Thiago Bottino, a professor of Constitutional Law at the Getulio Vargas Foundation (FGV), is also categorical in stating that the proposal limits the right of people to assemble to demonstrate and express themselves in various circumstances, even during Carnival, due to satirical groups and the use of masks. Furthermore, according to him, the bill opens legal loopholes for arbitrary police action. "The [proposed] law does not help the police separate the wheat from the chaff," he said.

According to Bottino, the biggest challenge for authorities in curbing violence during demonstrations is identifying the perpetrators and holding them accountable. "The problem is when someone shoots something, throws a stone. There are episodes of police violence and violence from protesters. The big issue is building intelligent alternatives to identify and punish them," he argued.

Because it doesn't clarify exactly what constitutes disorder in a public place and because it stipulates harsher penalties than for crimes against life such as manslaughter, the FGV professor also sees the Rio government's proposal as unconstitutional. "Are they going to take the guy who's up there talking, calling people to the street, and say that's disorder? Is that a crime punishable by three to eight years [in prison]? These are disproportionate penalties compared to those for someone who kills," he stated.

Janaína Paschoal, a professor of Criminal Law at the University of São Paulo (USP), also believes that approving the Rio de Janeiro Security Secretariat's project is "reckless." "I don't see the need. We have good and sufficient laws." She agrees with the need to identify suspects, but sees difficulties for the police in enforcing the law because of the "demonization" of demonstrations by society.

“It’s true that there needs to be police, but trained police, so they don’t go around shooting people. Now, wanting to pass a law that fosters fear and [allows] the establishment of an arrest without identification is giving weapons to a totalitarian government, I don’t see the need for that,” declared Janaína.

The proposal from the Rio de Janeiro state government, presented to Senator Vital Rêgo, was developed in the context of the protests that began in June 2013 and had already been submitted to the Ministry of Justice. According to Secretary Beltrame, the project supports the demonstrations "because it calls for them to be organized" and responds to a "clamor for transparency" in the participation of individuals.

Senators have also been advocating for the approval of the Anti-Terrorism Bill (PLS 499/13).In response to the death of cameraman Santiago Andrade, Senator Jorge Viana (PT-AC), for example, argued that the two suspects who allegedly lit the explosive device that killed the journalist could be classified as terrorists.