Against political-ideological persecution in Brazil

It is with extreme indignation that the Núcleo de Estudos da Violência da Universidade de São Paulo (NEV-USP) receives the news that the Ministério da Justiça e da Segurança Pública, by means of the “Directory of Intelligence of the Secretariat of Integrated Operations” (Decree n. 9662/19), elaborated a list of names, photos and documents of public servants of security and university professors for supposedly expressing opinions contrary to fascism, or which constitute clear political-ideological persecution, expressly prohibited by the Federal Constitution of 1988 (art. 5o, VIII).

One list is Professor Paulo Sérgio Pinheiro, one of the founders of NEV. Paulo Sérgio Pinheiro is considered and recognized by national and international authorities and organizations as one of the two great names in the history of Human Rights in Brazil and in the world, both for his academic performance and for his political career. Currently he is Rapporteur of the United Nations Organization (UN) for the situation of Human Rights in Syria. He was National Secretary of Human Rights, member of the National Truth Commission and full professor at the University of São Paulo, also having studied at Brown University, Columbia University, Notre Dame University, Oxford University and the École des Hautes Études en Sciences Sociales.

Paulo Sérgio coordinated, together with Professor Sérgio Adorno and Nancy Cardia, one of the first studies of NEV-USP, whose topic still has repercussions in our society. The work “Continuidade Autoritária e Consolidação da Democracia” (1994 to 2000) analyzed the continuity of violations of Human Rights in the process of Brazilian democratization, of the construction of citizenship after the Constitution of 1988 and of the reconquest of the State of Rights. The current moment that we are experiencing shows and evidences that the Núcleo studies have supported and continue to support, that an authoritarianism present in our society in the State continues to be in force and that, therefore, we are not able to advance without respecting and guaranteeing two fundamental rights for the entire society.

Prepare dossiers in respect of quaisquer pessoas by terem or express their opinions and one confronts the liberties of opinion and expression, pillars of the Universal Declaration of Human Rights, of the Federal Constitution and of the Democratic State of Brazilian Law, and configures Crime of Responsibility when the years have passed. auspices of a Minister of State (art. 4, II, of Law 1.079/50). Another illegality present in this is the classification of documents as “restricted access”, once the Access to Information Law prevents the restriction of documents on conduct that implies violation of Human Rights carried out by public agents under the command of public authorities (art. 21, sole paragraph of Law 12.572/11). Please note, the Law does not allow the restriction of access to something that is itself a violation of fundamental rights. This is yet another example of a return to the times of dictatorship promoted by the current administration, in which the repression of authoritarianism was constituted as a form of government. It is unacceptable, and the pass of impediment, that the post of Minister of Justice is used to politically persecute people who do not agree with the opinions of the government.

It causes us great concern that in an extremely challenging moment in Brazilian history – we are the second country in the world with the highest number of victims of the new coronavirus -, we have to testify to State bodies operating with illegal conduct and without judicial accompaniment, clearly in response to the Constituição of the Federative Republic of Brazil. 1988.

The Núcleo de Estudos da Violência da USP has been demonstrated over more than three years of work, with the exemplary leadership of Professor Paulo Sérgio Pinheiro, who public security only meets its objectives of protecting people, heritage and institutions when it is based on evidence. scientific, with transparency and with respect for rights and fundamental guarantees. Likewise, it is urgent that the Federal Police, the Attorney General of the Republic and the Supreme Federal Court, vested with the powers that are conferred by the democratic constituent legislator, take all the necessary provisions to investigate the work carried out by the Ministry of Justice, carrying out their respective responsibilities.

São Paulo, July 25, 2020.

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Public statement against political and ideological persecution in Brazil

The Center for Violence Studies of the University of São Paulo (NEV-USP) receives with extreme indignation the news that the Ministry of Justice and Public Security, through the "Directorate of Intelligence of the Secretariat of Integrated Operations" (Decree No. 9662/19), has prepared a list with names, photos and documents of security officials and university professors for alleged expressions of opinions contrary to fascism, which constitutes a clear political-ideological persecution, expressly prohibited by the Federal Constitution of 1988 (art. 5, VIII).

One of them is Professor Paulo Sérgio Pinheiro, one of the founders of NEV. Paulo Sérgio Pinheiro is considered and recognized by national and international authorities and organizations as one of the leading figures in the history of human rights in Brazil and the world, both for his academic achievements and his political career. He is currently the United Nations (UN) Special Rapporteur on the situation of human rights in Syria. He was the National Secretary for Human Rights, a member of the National Truth Commission, and a full professor at the University of São Paulo, in addition to having taught at Brown University, Columbia University, the University of Notre Dame, Oxford University, and the École des Hautes Études en Sciences Sociales.

Paulo Sérgio, along with Professor Sérgio Adorno and Nancy Cardia, coordinated one of the first studies of the NEV-USP (Center for Human Rights Studies - University of São Paulo), whose subject matter still resonates in our society. The work, "Authoritarian Continuity and the Consolidation of Democracy" (1994-2000), analyzed the continuity of human rights violations in Brazil's democratization process, the construction of citizenship after the 1988 Constitution, and the reconquest of the rule of law. The current moment we are experiencing exposes and demonstrates what the studies of the Center have already pointed out and continue to point out: that an authoritarianism present in our society and in the State remains in force, and that, therefore, we are unable to advance in respecting and guaranteeing fundamental rights for all of society.

The compilation of dossiers on any person for holding or expressing their opinions is an affront to the freedoms of opinion and expression, pillars of the Universal Declaration of Human Rights, the Federal Constitution, and the Brazilian Democratic State under the Rule of Law, and constitutes a crime of responsibility when done under the auspices of a Minister of State (Art. 4, II, of Law 1.079/50). Another illegality present in this law is the classification of the document as "restricted access," since the Access to Information Law prohibits the restriction of documents concerning conduct involving human rights violations committed by public officials at the behest of public authorities (Art. 21, sole paragraph of Law 12.572/11). In other words, the Law does not permit restricting access to an act that is itself a violation of fundamental rights. This is yet another example of the return to the times of the dictatorship promoted by the current administration, in which repression and authoritarianism constituted a form of government. It is unacceptable, and subject to impediment, for the post of Minister of Justice to be used to politically persecute people who disagree with the views of the government.

We are very concerned that at an extremely difficult time in Brazil's history - we are the second country in the world with the highest number of deaths from the new coronavirus - we have to witness how state agencies operate with illegal conduct and without judicial oversight, in clear contravention of the 1988 Constitution of the Federative Republic of Brazil.

The Center for Violence Studies at USP has demonstrated over more than thirty years of operation, under the exemplary leadership of Professor Paulo Sérgio Pinheiro, that public security only achieves its objectives of protecting people, property, and institutions when it operates based on scientific evidence, with transparency, and with respect for fundamental rights and guarantees. Therefore, it is urgent that the Federal Police, the Attorney General's Office, and the Supreme Federal Court, vested with the powers conferred upon them by the democratic constituent legislature, take all appropriate measures to investigate the activities carried out in the basements of the Ministry of Justice, fulfilling their corresponding responsibilities.

São Paulo, July 25, 2020.

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[+] Latin American and Caribbean Front
in the struggle for democracy and the people

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