President Luiz Inácio Lula da Silva (PT) sent messages to the National Congress requesting the withdrawal of the processing of four bills that were sent during the Jair Bolsonaro government. Among the targets of the federal government in the requests is the proposal that may exempt military personnel from punishment in Guarantee of Law and Order (GLO) operations.
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Unlawfulness Exclusion
The bill, which deals with the so-called “unlawful exclusion”, was sent by former president Jair Bolsonaro in November 2019 and is signed by former ministers Sergio Moro, Jorge Oliveira and Fernando Azevedo. It deals with situations in which military personnel and security agents may not be punished when they commit something prohibited by law, such as killing. The text deals specifically with the Guarantee of Law and Order (GLO) operations, which occur exclusively by determination of the Presidency of the Republic in situations considered extreme, such as in the fight against organized crime and at major international events.
The project
The project that the government asks to have its processing interrupted provides for a change in the classification of what constitutes self-defense for military personnel and security agents during GLO operations. By design, it would be considered that the agent acted in self-defense in situations involving practice or imminent practice of an act of terrorism, practice or imminent practice of conduct capable of causing death or bodily injury, restrict the freedom of the victim, through violence or serious threat, carrying or ostensibly using a firearm. The proposal also prevents the agent’s arrest in flagrante in a situation of self-defense. However, the military could be punished in cases of intentional excess.
Our Analysis:
The Brazilian Penal Code already provides for exclusion of illegality for any citizen in three situations: in strict compliance with legal duty, in cases of legitimate defense and in a state of necessity. The new text deals exclusively with the action of security and military agents in cases of Law-and-Order operations (GLO) and defines in which situations legitimate defense is justified. Experts stated that the proposal, if approved, it would jeopardize freedom of expression, and could encourage violence, since the military and public agents would have a kind of carte blanche not to be punished for excessive self-defense. He also warns of the risk to democracy if the project goes ahead in Congress. Depending on the situation, it is possible that the exclusions are applied in political acts and manifestations, which indicates the possibility that they jeopardize public freedoms essential to the democratic regime.
