President Jair Bolsonaro vetoed on Thursday the 2nd of Law 14.197 / 2021, repealing the Law on National Security (LSN), a relic of the military dictatorship. Created in 1983 and little used since the adoption of the 1988 Constitution, LSN has returned to more frequent use by the current government. According to state As shown in March last year, between 2019 and 2020, the Federal Police (FOP) opened 77 investigations based on legislation – an increase of 285% over previous governments.

The text, sanctioned by Bolsonaro, was approved by the Senate on August 10 last year. Three decades elapsed between the submission of the repeal bill in 1991 to its approval by the Chamber of Deputies in May of this year.

In addition to abolishing LSN, the legislative-approved proposal adds articles to the Penal Code defining crimes against the democratic rule of law. In a publication made in Official diary of the Union On Thursday, the president vetoed four articles.

Bolsonaro vetoed fully 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, provisions were vetoed to criminalize misleading media and attacks on the right to demonstrate.

A provision that provides for additional private criminal cases “initiated by a political party represented in the National Congress” has also been vetoed in cases where the public prosecutor’s office fails to act within the statutory time limit “by filing a complaint or order. archiving the investigation ”for electoral disruption, political violence and misleading media.

And also a provision providing for an increase in the term of punishment if the crimes listed in the legislation are committed by state or military officials or even with “violence or serious threat with the use of firearms.”

Fake news

The president is being investigated by the Supreme Court as part of a so-called fake news request, which is investigating the disclosure of false information. To veto a passage on the topic, Bolsonaro argued that the provision was contrary to the public interest, “without specifying what behavior would be the subject of criminalization if the behavior of the person who created the news or who shared it. (even without the intention of massification. 1a), as well as raising doubts as to whether the crime will continue or permanently, or even if there will be a “ court of truth ” to determine what will be considered untrue in terms of criminal punishment for the crime ” code.

In addition, according to the government, “the general wording leads to the fact that voters do not participate in political debate, which reduces their ability to determine their choice in elections, impedes the discussion of ideas, limits competition of opinions, and contradicts the context. democratic rule of law, which will weaken the democratic process and, ultimately, the very activity of the parliament ”.

Military

Bolsonaro also vetoed that portion of the punishment, which doubled with the loss of rank or diploma, for military personnel who committed crimes against the rule of law. “Despite the legislator’s good intentions, the legislative proposal runs counter to the public interest as it violates the principle of proportionality, putting the military in a more serious situation than other government agents, and is an attempt to prevent displays of thought from more conservative groups.” explains the reason for the veto passed to Congress. More conservative groups. “

Over the next 30 days, the National Congress, in a joint session of the House and Senate, must review the president’s veto and may support or overturn Bolsonaro’s rebuttal of the new law.

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