What is a state of siege – which Brazil’s Bolsonaro did not decree

RIO DE JANEIRO, BRAZIL – In the midst of the truckers’ strike, a video went viral on social networks showing two drivers in Brasilia celebrating an alleged state of siege that supposedly had been decreed by President Jair Bolsonaro. The news is fake, but has spread among the president’s supporters.

The strike began on Wednesday, September 8, one day after President Jair Bolsonaro’s speeches in protests in Brasilia and São Paulo, in which he criticized the Supreme Court (STF) and again advocated adopting printed ballots.

According to truckers who do not endorse the protests, a good part of the strikes are organized by groups that support the government.

At 11 AM, the Ministry of Infrastructure reported that there was a concentration of truckers on federal highways in 14 states, with roadblocks only in Bahia, Maranhão, Minas Gerais, Mato Grosso do Sul, and Santa Catarina.

Bolsonaro recorded an audio and Minister of Infrastructure Tarcísio de Freitas a video in an attempt to demobilize the demonstrators. In the message, the president refers to the truckers as “allies” and says that the strike “disrupts our economy.” Bolsonaro is expected to meet with truckers’ leaders on Thursday to call for an end to the strike.

WHAT IS A STATE OF SIEGE?

The state of siege is an instrument in which the head of state temporarily suspends the Legislative and Judicial Powers.

It is an emergency resource that cannot be used for personal purposes, but only to expedite governmental actions in periods of great urgency and need for state efficiency.

In Brazil, the state of siege has a limited duration of 30 days and can only be extended in the case of war.

WHAT HAPPENS DURING A STATE OF SIEGE?

According to Article 139 of the Constitution, the state of siege foresees the limitation of some fundamental rights:

• Obligation to remain in a certain location;
• Detention in a building not intended for persons accused or convicted of common crimes;
• Restrictions on the inviolability of correspondence, secrecy of communications;
• provision of information, and freedom of the press, radio and television broadcasting, according to the law;
• Suspension of freedom of assembly;
• Search and seizure of homes;
• Intervention in public utility companies;
• Requisition of property.

HOW IS A STATE OF SIEGE ENACTED?

The state of siege can be decreed by the president, but with authorization from other branches of government. First, the Council of the Republic and the National Security Council must be heard.

The Council of the Republic is foreseen in the Constitution and can decide on federal intervention, states of defense and siege, and discuss issues of relevance for the stability of democratic institutions.

According to the legislation, in addition to the president, the vice-president of the Republic, the presidents of the Chamber and the Senate, and the majority and minority leaders of both legislative houses take part in the Council. The Minister of Justice and 6 citizens over the age of 35 are also expected to participate, with the presidency, Chamber and Senate each appointing 2 people.

The National Security Council is another consultative body on matters related to national sovereignty and the democratic state. It is responsible for deciding on declarations of war, for instance.

With the Councils’ approval, the president must request authorization from the National Congress, which must approve this step by an absolute majority of its members.