Contrary to what the video says, the law is not to arrest governors and mayors who adopt restrictive measures – 11/19/2021 – Daily

The video circulating on TikTok claiming that President Jair Bolsonaro (non-party) signed a decree allowing governors, mayors and military police to be fined and imprisoned is false if they “come to arrest or persecute or attack a good citizen in their right to go and come or in their free enterprise right to honest work”, referring to measures to contain the pandemic.

The author of the recording, verified by Projeto Comprova, takes law 14.132 out of context, initiated by the National Congress and sanctioned by Bolsonaro on March 31, 2021. Unlike what he says, the law makes the practice of “stalking” a crime , which is the repeated pursuit of someone in a physical or virtual environment.

The report tried to contact the person responsible for the profile who posted the recording, but did not get a response until the publication of this text. The post was found to be false because it uses fabricated information.

How do we check?

The video’s narrator cites “decree 14,132”, which is actually the number of the law to which he refers. Through a simple Google search, the report accessed the text of the law on the website of the National Press, of the federal government. Based on this document, Comprova classified the verified content as false, as the material does not support the video’s allegations.

The article also tried to find the author of the original post, but failed. However, the shared Instagram post that appears in the video, made by a supporter of President Jair Bolsonaro, was located. So, the profile that posted the video on TikTok was contacted by direct message and open comment on the post, but he didn’t respond.

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Finally, the team interviewed criminal lawyer Bruno Paiva to learn more about the law mentioned in the recording.

Verification

To her

Mentioned in the post, the law exists, but its content was taken out of context to say it would be a determination by Bolsonaro against governors, mayors and police. Law number 14,132 actually instituted the crime of stalking, known as “stalking” and was introduced as a bill in 2019, before the pandemic.

Illegal practice is defined as repeated persecution, by any means, such as the internet —cyberstalking—, which threatens the physical and psychological integrity of someone, interfering with the victim’s freedom and privacy. Therefore, it is not related to what was mentioned in the video that circulates among the president’s supporters on social networks.

The document was sanctioned by Bolsonaro, published on April 1, 2021, and adds to the Penal Code the crime of persecution, repealing Article 65 of Decree 3688 of October 3, 1941, which described the Criminal Misdemeanor Law.

The penalty for whoever is convicted is from 6 months to 2 years in prison, but it can reach 3 years with aggravations, such as crimes against women, children and the elderly. Before, the crime was not typified and had a penalty of 15 days to two months, or fine, when framed in the infraction of disturbing the tranquility of others.

According to criminal lawyer Bruno Paiva, the context of the decree took into account that women are the biggest victims of persecution on the internet, which may or may not extend to life outside social networks. Paiva also says that despite statistics indicating who are the recurrent victims of “stalking” —mostly women—, the law protects any citizen who is the target of this type of crime.

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“This crime arises in a context that comes from several years of crimes against women, especially crimes that do not turn into bodily harm or femicide. However, it affects women much more, after the end of a relationship, where [homens] they go after both in physical form and in the virtual sphere”, he explains.

Embarrassment through social networks and phone calls in the workplace can characterize the threats that the law prohibits, according to the lawyer.

If there is virtual persecution, it is possible to register at the notary’s office through a notarial act, in which an official will certify that the content actually existed, even if it will be deleted in the future by the person who committed the crime of persecution.

“If the threat happens in person, in physical form, it is interesting that a police report is registered. Continuing the persecution, seek the Public Defender’s Office, a lawyer or a police station, asking for an investigation with the characteristics of the person who is being persecuted” , details Paiva.

Authorship of the law

The bill was presented by senator Leila Barros (PSB-DF) in August 2019. A player in the Brazilian national team for 18 years before entering politics, Leila dedicated the approval of the text to broadcaster Verlinda Robles, who was forced to move from Mato Grosso do Sul after suffering “stalking” in 2018, and to journalist Jaqueline Naujorks, who published the case. “Anyone who’s ever experienced stalking in their life knows what it means,” said the senator.

According to the Senate website, the rapporteur of the matter at the House, Rodrigo Cunha (PSDB-AL), justified the importance of the project citing a data from the WHO (World Health Organization) from 2017, “which pointed to Brazil as the country with the fifth highest rate of femicide per 100,000 women in the world”. He also highlighted that “76% of femicide in the country are committed by people close to the victim”.

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Why do we investigate?

In its fourth phase, Comprova checks suspicious content that has gone viral about the pandemic, public policies of the federal government and elections. The content checked here had at least 44,700 interactions as of November 18th.

By taking out of context the law that typifies the crime of “stalking”, the video can lead to confusion. And, through false information, it can turn the population against state and municipal agents, governors and mayors and encourage non-compliance with any restriction measures imposed to curb Covid-19.

The publication follows the line of Bolsonaro, who has already called anyone who has closed non-essential establishments because of the pandemic a tyrant.

Comprova has already checked other content criticizing restriction measures, such as the video using false information to say the lockdown was useless and the tweet with a WHO envoy phrase taken out of context to suggest that the agency condemns the closure.

A similar viral post was verified in April by the Lupa agency and by Estadão Vera.

False, for Comprova, is content that has been invented or has been edited to change its original meaning and deliberately disclosed to spread a lie.

Comprova performed this verification based on information available on the 19th November 2021.