Blind Spots of Brazilian Law: Encouraging Insurrection, Parliamentary Immunity and the Defense of Institutional Safeguards

Pedro H Villas Bôas Castelo Branco,Carina Barbosa Gouvêa

doi:10.2139/ssrn.3899342

Abstract

Blind Spots of Brazilian Law: Encouraging Insurrection, Parliamentary Immunity and the Defense of Institutional Safeguards

Highlights

The populist Bolsonarist movement7 in Brazil represents an affront to democratic values and principles and, to the democratic rule of law (Gouvêa & Castelo Branco, 2020)
8 For example, in Brazil, the movement entitled “300 do Brasil” is investigated by Police Inquiry No 4,828, which points to evidence of the digital influencers that make up the core of the support base for the Bolsonaro government and that is related to actions of considerable harmful potential, taking into account that their manifestations, promoted both on social media and physically on the street, have instigated a portion of the population that, with ideological affinity, has been used to drive the extremism of the polarization and antagonism discourse, by illegal means, to the Powers of the Republic, more precisely the Federal Supreme Court and the National Congress (Gouvêa & Castelo Branco, 2020)
Brazilian democracy has been showing resistance when trying to prevent the legitimation of Bolsonaro's populist movement through the backlashing effects of democratic institutions, civil society and non-governmental organizations (Gouvêa & Castelo Branco, 2020)

Summary

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This led to the crisis of liberal democracy In this context, populism presents premises that are very different from those that underlie pluralist liberalism, such as the polarization of politics, in detriment of the search for consensus; popular homogenization, in detriment of the recognition of the heterogeneity of groups in the political community; the overlapping of conservative and exclusive values on progressivism (Gouvêa & Castelo Branco, 2020). A certain type of ideology, discourse, strategy, mobilization and political action in the specific cultural and political context They decant themselves through formal and/or informal movements directly or indirectly in the democratic system by a charismatic leader who represents and leads an anti-establishment force resting their beliefs in moral and ethical institutions in order to consolidate and legitimize a populist political regime under the mantle of popular sovereignty and democracy.

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