Brazilian Press Association (ABI) demands that the Attorney General's Office investigate attacks on journalists by Bolsonaro supporters who are terrorists.

ABI - The president of ABI, Octávio Costa, and the lawyers Carlos Nicodemos and Andréa Pinto, from Nicodemos & Nederstigt Advogados Associados, filed, on Thursday (12), a Representation to the Attorney General of the Republic, Augusto Aras, regarding the terrorist attacks that occurred in Brasília on January 8.

After listing 15 (fifteen) attacks on journalists who were working during the terrorist act in the Federal District, the Representation requests the initiation of a preliminary investigation procedure regarding the facts of this Representation, as well as the competent public civil inquiry to hold all sponsors of the terrorist acts of January 08, 2023, accountable, which resulted, among other violations, in material and moral damages against media professionals in Brazil.

It also requires that, in the end, the appropriate Public Civil Action be promoted, thus compelling the perpetrators of the violations to repair the material and moral damages suffered by the victims, in this case, media professionals.

Read the full text of the Representation:

To His Excellency Dr. Augusto Aras, Attorney General of the Republic of Brazil.

The Brazilian Press Association – ABI, a legal entity registered with the CNPJ/MF under number 34.058.917/0001-69, with registered office at Rua Araújo Porto Alegre, 71, Centro, Rio de Janeiro, RJ, CEP 20030-012, through its undersigned attorney, with office at Avenida Beira Mar, no. 406, Suite 1.205, Centro, Rio de Janeiro, RJ, CEP 20021-060, where it receives notifications, hereby submits a COMPLAINT regarding the anti-democratic attacks carried out on January 08, 2023.

I – THE HISTORY OF ABI

The Brazilian Press Association (ABI), a distinguished and respected organization active in defending freedom of the press and expression, the right to information, and human rights, founded in 1908, plays an essential role in maintaining and implementing democracy, with its primary purposes being the defense of ethics, the promotion of human rights and freedom of information and expression, as well as the defense of national sovereignty.

The Brazilian Press Association, an important and dedicated defender of constitutional freedoms, values ​​the expression of thought and opinion. The ABI defends democracy and aims not only to protect thoughts and ideas, but also opinions, beliefs, value judgments, and criticism of public officials, in order to guarantee the real participation of citizens in collective life.

Therefore, in accordance with the provisions of its Articles of Association, which state that ABI's main purpose is "the defense of ethics, human rights, and freedom of information and expression."

II- VIOLENCE AGAINST JOURNALISTS

As everyone knows, on January 8, 2023, we experienced the terrible attack on our country's democracy. This sad moment will be marked throughout Brazilian history by the coup attempt carried out by extremist groups. Unfortunately, as a result of this event, in addition to the destruction at the Palácio do Planalto (Presidential Palace), we also had several attacks on journalists who were working during the terrorist act in the Federal District. As we will describe below, there were numerous aggressions, as follows:

1) A reporter from the newspaper O Tempo was attacked by criminals who pointed two firearms at him inside the National Congress. The reporter stated that he sought help, but the military police refused. He was saved by a technician from Empresa Brasil de Comunicação (EBC).

2) A reporter from Rádio Jovem Pan was insulted and followed as she left the Esplanada dos Ministérios area. A man tried to open the journalist's car door and pointed a gun at her.

3) A reporter from TV Band had his cell phone destroyed while filming the event. He said he was not assaulted.

4) A female photojournalist from Metrópoles was knocked down and beaten by 10 men. Her equipment was damaged.

5) A journalist and political analyst from the Brasil 247 portal was threatened, harassed, and assaulted by terrorists. She had to delete the recordings made on her cell phone. When she asked the Military Police for help, she was met with a rifle pointed at her. She reported that she only escaped being lynched because she received help from someone who was participating in the act.

6) A correspondent for The Washington Post was kicked and knocked to the ground. Her work equipment was stolen. A reporter from the newspaper O Globo who witnessed the assault contacted the Ministry of Defense, who assisted the journalist.

7) A freelance photojournalist had his work equipment and cell phone stolen by vandals. The assailants punched him in the face and broke his glasses.

8) A reporter from Turkey's Anadolu Agency was slapped in the face while covering the vandalism at the Planalto Palace.

9) A reporter from Agence France-Presse had his equipment (including his cell phone) stolen and was assaulted.

10) A Folha photojournalist had his equipment stolen.

11) A Reuters photojournalist had his work equipment and cell phone stolen.

12) A reporter from Agência Brasil had his press badge pulled from behind while documenting the destruction. He suffered abrasions on his neck.

13) A photojournalist from the Poder360° website was assaulted and someone tried to steal his equipment.

14) A photojournalist from Agência Brasil had to leave the Esplanada dos Ministérios after vandals threatened to push him off the marquee of the National Congress.

15) A journalist from the Congresso em Foco portal reported that a Federal Highway Police officer prevented him from reaching a safe location, forcing him to go into the midst of the terrorists. He was also surrounded by agents of the National Public Security Force and only managed to reach safety after being rescued by a member of the staff of the Ministry of Justice and Public Security.

As we can see from the aforementioned facts, in addition to physical and verbal assaults, there were also attacks against the journalists' property, with their equipment, such as cell phones and cameras, being stolen. This shows that the aggressors not only violated the Democratic Rule of Law, but also other rights.
constitutional guarantees, such as freedom of the press.

We know that the right to freedom of the press is guaranteed by the Federal Constitution in its article 220: "The expression of thought, creation, expression and information, in any form, process or medium, shall not suffer any restriction, subject to the provisions of this Constitution." The media plays an extremely important role in society.

It is through the press that the population has access to truthful information, without any kind of censorship or restriction. This right to freedom of the press is one of the greatest pillars of society, being one of the fundamental rights and guarantees of our Constitution.

The need for constitutionalism regarding this right is not unfounded; society recognizes that the work of journalists is necessary for building a free and just society. They are capable of confronting any act to bring information to everyone, including anti-democratic acts like the one that occurred in Brasília.

Thus, freedom of the press and expression are precious values ​​for democracy, and should be used to prevent abuses of power by public authorities and extremists, and must be respected and protected by all.

The attacks that occurred are vehemently condemned, and those responsible for the act must compensate the journalists for all material damages, in addition to facing criminal charges for all injuries suffered by the victims.

Regarding the incident, several news reports have been published in recent days showing the attacks on journalists in front of the Planalto Palace in Brasília, as can be seen in the following link: https://noticias.uol.com.br/politica/ultimasnoticias/2023/01/11/jornalistas-agredidos-cobertura-abraji.htmThey discuss the actions of the extremists, stating that at least 40 (forty) journalists suffered the
attacks on Sunday. Furthermore, according to the report, these acts did not occur only in Brasília.
but also in several states. Such aggressions, as already reported, were carried out physically and verbally, with theft of equipment and threats. "From the reports we received at the union, the terrorists had a pattern of approach with the journalists, both in terms of verbal and physical aggression, taking equipment,
ordering the files to be deleted, or even stolen"
(https://www.correiobraziliense.com.br/cidades-df/2023/01/5065149-aumenta-onumero-de-jornalistas-agredidos-durante-atos-terroristas.html).

According to a report by Correio Brasiliense, several assaults were reported, such as the case of a photojournalist from the Metrópoles website who was knocked down and beaten by 10 men. "I tried to move away a little, and that's when they surrounded me, forming a kind of enclosure. Instinctively, I..."
"I crouched down on the floor and someone punched me in the stomach, they took my camera from my neck." Such acts violate Constitutional precepts, broadly infringing on the rights to freedom of the press and expression. Furthermore, they fall within the realm of criminal law, given the physical, psychological, and property-related aggressions.

III- FEDERAL JURISDICTION IN THE INVESTIGATION

We know that the events that occurred on January 08, 2023, are listed among the crimes against the Democratic Rule of Law. This means that the application of penalties will take into account the provisions of Law No. 14.197/2021, which repealed Law No. 7.170/83 that dealt with the so-called "Crimes against National Security".
Obviously, these crimes can never be considered common, since, in addition to attacking the Democratic Rule of Law, they are connected to several other crimes, for example, crimes against the honor, physical integrity, health and well-being of journalists, as well as property crimes.

Therefore, all individuals who committed the criminal offenses listed in Law No. 14.197/2021 committed a political crime, and their prosecution and trial should therefore be based both on the Federal Constitution and on the Law for the Defense of the Democratic Rule of Law.

As stated in Article 109, IV, of the Constitution:
"Federal judges are competent to prosecute and judge: political crimes and criminal offenses committed to the detriment of assets, services or interests of the Union or its autonomous entities or public companies, excluding misdemeanors and without prejudice to the jurisdiction of the Military Justice and the Electoral Justice."

In this vein, we find that such crimes are indeed political, according to the understanding of the Supreme Federal Court:
"Political crimes, for the purposes of article 102, II, b, of the Federal Constitution, are those directed, subjectively and objectively, in an immediate manner, against the State as an organic unit of political and social institutions and, consequently, defined in the National Security Law, in accordance with the general provisions established in articles..."
1st and 2nd of the same legal instrument. 2. “From the combination of articles 1 and 2 of Law No. 7.170/83, two requirements are extracted, of a subjective and objective nature: i) the agent's political motivation and objectives, and ii) real or potential harm to territorial integrity, national sovereignty, the representative and democratic regime, the Federation or the State of
"Law. Precedents" (RC 1472, Full Court, Justice Dias Toffoli, Reviewing Justice Luiz Fux, unanimous, judgment of 05/25/2016 see RC no. 1473-SP, Justice Luiz Fux, 1st Panel, DJ 12/18/2017).

These crimes committed against journalists were primarily motivated by the depraved politics of extremists and the terrorist acts they carried out, restricting the free press and expression of professionals. Furthermore, they directly and unequivocally violated the democratic rule of law, preventing information about the anti-democratic act from reaching the Brazilian population.

Furthermore, as reported by the media, the Minister of Justice and Public Security, Flávio Dino, informed that he will open 3 (three) investigations to investigate the attacks that occurred, with the main objective of discovering who are the individuals who financed the acts.

Therefore, the crimes listed in Law No. 14.197/21 fall exclusively under the jurisdiction of the Federal Government for their prosecution.

IV- ON THE RIGHT TO FREEDOM OF THE PRESS AND EXPRESSION IN THE INTERNATIONAL CONTEXT

Both freedom of the press and freedom of expression are considered fundamental rights, guaranteed in Article 5 of the Constitution. Therefore, freedom of the press translates to the citizen's right to access diverse information, data, and reliable sources of information, without state interference.

Furthermore, freedom of expression is intrinsically linked to the right to freedom of thought, the individual's freedom to express their opinions, ideas, and intellectual and artistic activities. Therefore, International Law acts in favor of freedom, both for citizens and journalists, in the performance of their work.

The Universal Declaration of Human Rights (UDHR) defines this right in its Article XIX as the freedom to express opinions and to have access to information, as follows:

"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

Furthermore, the International Covenant on Civil and Political Rights establishes, in its Article XIX, the right to freedom of expression:

Article 19 1. No one shall be subjected to persecution for his opinions. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

And the American Convention on Human Rights (ACHR) categorically establishes freedom of thought and expression in its Article XIII:

1. Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of their choice.

Obviously, it is important to emphasize that such rights are not absolute, and their exercise must be based on duties and responsibilities, and may even be subject to certain restrictions based on a balancing criterion. However, we must bear in mind that the journalists were present at that moment to record the terrible act committed by the terrorists, seeking to bring images and news to the Brazilian population in the face of fears of a possible breakdown of the Democratic Rule of Law, which fortunately did not occur.

In short, the right to freedom of the press and expression is diffuse, not restricted to a single individual, but rather encompassing the whole of society and the entire communication process, and is essential to democracy.

III- REQUESTS

Therefore, in light of all the above, and counting on Your Excellency's understanding of the serious factual situation, with a clear violation of the human right to freedom of expression and of the press, in addition to the physical, moral, and material violations against journalists and the irregularities described and identified, we REQUEST:

1. A preliminary investigation procedure should be initiated to ascertain the facts of this complaint;

2. Based on the preliminary findings, the appropriate public civil inquiry should be initiated to consolidate the preliminary investigation and establish mechanisms for holding all sponsors of the acts accountable.
anti-democratic events of January 08, 2023, which resulted, among other violations, in material and moral damages against media professionals in Brazil.

3. Mechanisms for adjusting the conduct of those under investigation should be adopted, as appropriate and feasible.

4. Finally, if no remedial measure is reached, the appropriate Public Civil Action should be initiated, compelling the perpetrators of the violations to compensate the victims for the material and moral damages, in this case,
media professionals.

E. ProvidênciasRio de Janeiro, January 12, 2023.

OCTAVIO COSTA
President of ABI - Brazilian Press Association

CARLOS NICODEMUS
OAB/RJ No. 75.208

ANDRÉA PINTO
OAB/RJ No. 209.582

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