Terrorism: what does Brazilian law say?

What does Brazilian legislation say?

Legal definition

Since 2016, Brazil has had the Anti-Terrorism Law. Also known as 13.260 Law, the legislation indicates that “terrorism consists of the practice by one or more individuals for reasons of xenophobia, discrimination or prejudice based on race, color, ethnicity and religion, when committed with the purpose of provoking social or generalized terror, exposing people, property to danger. , public peace or public safety [integrity].

It is worth highlighting that the Brazilian standard defines what is terrorismaccording to motivation of acts. In this sense, acts of terrorism, according to the law, occur “for reasons of xenophobia, discrimination or prejudice based on race, color, ethnicity and religion”.

Brazilian legislation was discussed in the context of the Olympic Games in Rio, as a reaction to the risk of possible attacks in the country.

Acts of terrorism

According to the standard, they are considered acts of terrorism:

• Use or threaten to use, transport, store, carry or bring with you explosives, toxic gases, poisons, biological, chemical, nuclear contents or other means capable of causing damage or promoting mass destruction;
• Sabotage the operation or take over, with violence, a serious threat to a person or using cybernetic mechanisms, total or partial control, even if temporarily, of a means of communication or transport, of ports, airports, railway stations or bus stations, hospitals, nursing homes, schools, sports stadiums, public facilities or places where essential public services operate, power generation or transmission facilities, military facilities, oil and gas exploration, refining and processing facilities and banking institutions and its service network;
• Attacking the life or physical integrity of a person.

What are the penalties?

A Brazilian legislation determines the sentence of imprisonment, from 12 to 30 years, in addition to the sanctions corresponding to the threat or violence. There is also a provision for a prison sentence of 5 to 8 years, in addition to a fine, for the act of promoting, establishing, integrating or providing assistance to a terrorist organization.

Are political demonstrations terrorist?

The definition of terrorism “does not apply to the individual or collective conduct of people in political demonstrations, social, union, religious, class or professional movements”, according to Brazilian law.

Claiming acts, to “contest, criticize, protest or support, with the aim of defending constitutional rights, guarantees and freedoms” are not classified as terrorism.

This video, made before the publication of the Anti-Terrorism Law, explains how and why it was designed (I.e.:

See this video too, produced by FGV in 2019. It explains that the anti-terrorism law in Brazil was a consequence of international pressure ⤵️:

Read also

Barbarism yes, but terrorism? How the acts of January 8th can be classified according to Brazilian legislation

The attacks on the headquarters buildings of the Three Powers in Brasília, on January 8, were called 'acts of terrorism' due to the size of the destruction and the purpose of imposing fear and demonstrating power. Likewise, the scammers who carried them out are constantly being called 'terrorists'. But, after all, can the acts in the federal capital be covered by the anti-terrorism law? O Curto talked to experts; just listen to what they said. 🎧

What is democracy? Why do we need it as a nation?

In the week of the elections – which take place on Sunday, October 2nd – the concept “democracy” is present in most newspapers, websites and campaigns. But do you understand what democracy is and why it has been talked about so much lately? O Curto News spoke with researcher at the Center for the Analysis of Freedom and Authoritarianism (Laut) and master's student at USP, Marina Slhessarenko Fraife Barreto, to explain what's behind a democratic government.

What is extremism?

Do you know what the term extremism means? According to the Michaelis dictionary, extremism is the “current of thought that encourages the adoption of extreme measures to solve social problems; radicalism". In other words, it is practiced by people or groups rooted in their point of view and roots in a radical way. Is there any way to control this “thinking”? O Curto News delved into this subject. Come with us! 

What a coup d'état is and how it is constructed. “They will not pass!”

Hated by the Brazilian progressive camp and recently very present in the vocabulary of supporters of the right, which has governed Brazil for four years, the word coup, in itself, refers to something bad. Sudden and violent movement, bruise, violent blow are some of its meanings listed in dictionaries. When talking about a coup d'état, things get worse, because the expression presupposes a break with established rules and Brazilians know very well what that means. Curto explain a little more.

Receive news and newsletters do Curto News by Telegram e WhatsApp.

Click here and download the app Curto News for Android.