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IGARAPÉ INSTITUTE
a think and do tank
SP
49
STRATEGIC PAPER 49
OCTOBER 2020
The ‘Agora’
is under attack:
Assessing the closure of civic space
in Brazil and around the worldIndex
Introduction......................................2
Democratic backsliding ..................3
The closure of civic space................4
Mapping threats...............................5
The case of Brazil...........................11
Fighting back..................................18
Endnotes.........................................20
References for Table 1....................25
Cover image: Presentation used by Joice Hasselmann (PSL-SP) at Fake News CPMI, https://noticias.uol.com.br/album/2019/12/04/
apresentacao-usada-por-joice-hasselmann-psl-sp-na-cpmi-das-fake-news.amp.htm?foto=1.IGARAPÉ INSTITUTE | STRATEGIC PAPER 49 | OCTOBER 2020
The ‘Agora’
is under attack:
Assessing the closure of civic space
in Brazil and around the world
1THE ‘AGORA’ IS UNDER ATTACK: Assessing the closure of civic space in Brazil and around the world
Ilona Szabó de Carvalho* But what, exactly, does the closure of civic
space mean? What are its implications
Introduction for democracy more generally? And most
importantly, what can civil society groups do
about it?
Many countries are experiencing a dramatic
closure of civic space. Populist and Civic space is an abstract social science
authoritarian governments on the left and construct. It is described by Antoine Buyse as
right are increasingly exerting influence over the layer between state, business and family
artists, activists, journalists and scholars, in which citizens organize, debate and act.10
demonizing human rights and science, A healthy and open civic space implies that
harassing and criminalizing political opponents, groups and individuals within civil society are
and implementing repressive legislation to able to organize, participate and communicate
chilling effect. In low, middle and upper- without hindrance or intimidation, and in doing
income countries alike, a wide range of civil so, can claim their rights and influence the
society groups fear for their own safety. Civic political and social structures around them. The
institutions – from universities and think concept borrows from the traditional definitions
tanks to front-line human rights organizations of civil society and of the public sphere, but it
and independent and investigative media goes beyond.11 Civic space also accounts for
groups – are reporting an uptick in threats the positive interactions between civil society
and intimidation, especially from extremist and governments, which in representative
politicians and their radical supporters. democracies tends to contribute to more
informed and accountable decision-making.
The perception that “civic space” is closing According to CIVICUS, three fundamental
is now widely accepted by the international freedoms – of association, assembly and
human rights community.1 Over the past expression – define the boundaries of civic
decade, organizations such as the Carnegie space. Where these freedoms are infringed,
Endowment for International Peace2, the civic space is constrained or contracted.
Center for Strategic and International Studies3,
CIVICUS4, and others have drawn attention Civil society organizations, including trade
to the problem. Philanthropic groups have unions, faith-based organizations, indigenous
issued multiple reports on the threats that networks, NGOs and think tanks, operate
“civic space” and its actors face.5 New in the civic space alongside independent
organizations devoted exclusively to monitoring media groups, universities and other types
the phenomenon are emerging.6 Since 2013, of non-governmental entities.12 Civil society
the United Nations Human Rights Council has organizations have a wide array of mandates
launched a number of resolutions and a guide including, for example, providing knowledge
on the importance of protecting and expanding and enhancing oversight over governments
civic space.7 Although some commentators and, more recently, corporations and the
believe that the term is too all-encompassing business community. Very generally, such
to be analytically useful,8 there is a growing groups promote more accountability,
body of research demonstrating the ways civil transparency and fair play. Efforts by states
society is being “squeezed”.9 to curb or close such groups represent an
assault on democratic rights and freedoms,
guaranteed in the International Human Rights
* Cofounder and President of the Igarape Institute. This research was initiated at a public policy fellowship at the Lemann Center for Brazilian
Studies, of the Institute for Latin American Studies, at Columbia University in the City of New York. The author thanks Debora Leao, Giovanna
Kuele, Iain Levine, João Gabriel Santana de Lima, Mariana Belalba, Melina Risso, Paul Lagunes, Renata Giannini, and Robert Muggah for their
relevant inputs and critical feedback to the research.
2IGARAPÉ INSTITUTE | STRATEGIC PAPER 49 | OCTOBER 2020
Charter and national constitutions in several essential, it is challenging in many settings
countries, including in Brazil. These actions where governments are violently cracking-
can also harm the design and implementation down on the freedoms of expression,
of informed, inclusive and plural public policies association and assembly and are undermining
and service provision, thus jeopardizing the the separation of powers, essential for the
public good. republican checks and balances. Moreover,
often when extralegal and illegal measures are
This article presents a preliminary conceptual applied, there may be an absence of material
framework to describe the closure of civic evidence to build a strong case.
space. It combines a review of literature
together with key informative interviews The closure of civic space not only threatens
with leaders from the public, non-profit and human rights, it undermines democracy,
business sectors. It offers a cursory test of the informed public policy, and the ability of
framework in the context of Brazil – a country citizens to hold their governments accountable.
that exited dictatorship in 1985 but that still While such dangers are present in many
exhibits signs of authoritarianism, factors which societies, it is particularly worrisome in less
have been aggravated since the election of mature democracies with weaker institutions
President Jair Bolsonaro in 2018.13 – press, independent legislative and judiciary
powers, and a strong civil society. In such
cases, public institutions such as the police,
Democratic prosecutors, judges may not be operating
independently, and laws and decisions are
backsliding
applied selectively. These countries can have a
diminished capacity to enforce the Democratic
Rule of Law, in which laws are created by
The closing of civic space is more easily the people and for the people, respecting the
described than defined.14 This is not surprising dignity of the human person, and where all
since many different types of entities and citizens can actively participate in the country’s
individuals are experiencing “closure” in political discussions.16
different ways. In some cases, they are
affected by legal measures intended to It is not surprising, therefore, that, in parallel to
constrain, disrupt or eliminate civic action. At the attacks on the civic space, we are seeing a
the same time, civic groups can also suffer decline in democracies; in numbers, in integrity
extralegal or illegal obstruction, including and also in quality. It is important to remember
intimidation, coercion and outright violence. that democracy is not a new idea, dating back
Legal, and extralegal or illegal strategies to the Greeks. However, its implementation,
corrode the ability of civil society organizations, as we know today, is more recent, since the
independent media and other types of 18th century, with the American Constitution
associations to exert pressure and keep in 1787 - the first democratic constitution in
governments accountable and focused on the the world.17 In the span of two centuries (19th
delivery of the public good.15 and 20th), democracy has spread from one to
more than 100 countries. It has also suffered
To date, most civic responses to government setbacks along the way and continues to
attempts to “close” civic space have been face resistance today. However, it remains
informed by human rights law. Lawyers have the best governance system to deliver growth
helped civic groups to repeal repressive and enhance the public good in comparison
legislation and appeal decisions in the courts. to known alternatives - be it the rule of kings,
While the application of human rights law is theocracies, dictatorships, or tribal authority.18
3THE ‘AGORA’ IS UNDER ATTACK: Assessing the closure of civic space in Brazil and around the world
Samuel Huntington popularized the idea that space. The fact is that in Brazil there are
democracy developed in different waves and daily attacks on rights and freedoms that are
described the three main ones.19 Francis essential for the full exercise of democracy and
Fukuyama foresaw in his 1989 article “the that are guaranteed in the Brazilian Federal
End of History” the fourth democratic wave Constitution, especially in articles one to six.
and the victory of liberal democracies and
capitalism.20 But in 2017, he recognized that
the world was moving from a “democratic
recession” to a “democratic depression”.21 The closure of
civic space
Thus, the fundamental question at the
moment is if this decline is just a deviation
from the fourth democratic wave or a terminal
decline of democracies. Civic space is closing in many regions for a
variety of reasons. For one, the global war
The weakening of a democracy can go on terror since 2001 initiated restrictions on
unnoticed if it happens gradually, without civil liberties in the U.S. as well as in parts
drastic disruptions, such as in a military coup. of Central Asia, the Middle East and North
The case of Hungary, for example, illustrates Africa.27 Under the guise of “national defense”,
how real this possibility is.22 In 2020, different a powerful set of justifications that standardize
international organizations lowered Brazil’s these restrictions were put in place. More
democracy score, from a liberal democracy to recent geopolitical shifts from hardline
an electoral one.23 Still, some political scientists governments have in some cases subverted
and authorities continue to claim that Brazil’s and subordinated human rights to nationalist
democracy is doing well.24 They argue that imperatives, including in the west.
the system of checks and balances and the
separation of state powers can limit attempts Meanwhile, the populist turn of some
of abuse of power, including those by the governments in the U.S., Western Europe,
president of the Republic. South and Southeast Asia and Latin America
has also reduced tolerance for democratic
In general, these analyses are focused on freedoms and human rights, especially for
the legal procedures that have been used minorities. Racist and xenophobic, anti-
by Congress, the Federal Prosecution Office immigrant attitudes and attacks on the rights
or the Judiciary.25 From the perspective of indigenous and LGBTQY groups are
of traditional political science analysis, the becoming increasingly common28. This can
closure of the civic space is sometimes not be demonstrated with the cases of leaders
taken into account when assessing the health in Brazil, Hungary, India, Poland, Russia,
of a democracy. As a result, the population the Philippines, the US and Venezuela.
may perceive the progress of authoritarian Civil societies are frequently targeted and
government too late, and reversing the process “otherized” as an explicit strategy of political
may be a challenge. mobilization.29 These are some of the places
where civil society organizations, the press,
In Brazil, the intensification of attacks on the and scientific and academic institutions have
Supreme Court by the President`s radical become the target of attacks as part of an
supporters, in early 2020, alongside several explicit political mobilization strategy.30
demonstrations in support of a military coup
made national and international headlines.26 Many states are growing more sophisticated
But still, there is limited attention and analysis in how they restrict civic action and shut down
on the consequences of the closure of civic civic space. New technologies - from highly
4IGARAPÉ INSTITUTE | STRATEGIC PAPER 49 | OCTOBER 2020
sophisticated malware that infects phones While comprehensive, the table is far from
and computers to social media bots, fake exhaustive. For example, the categories and
profiles, and digital mobs are increasingly tactics listed at the framework may not fully
deployed against targets around the world. capture the many ways in which extreme
The digital space is increasingly fraught, politicians routinely attack CSOs and other
exposing civic actors to a growing array of rights groups for protecting the rights of
threats, from monitoring and surveillance minorities and vulnerable groups. Nor do they
to infiltration.31 The use of digital tools to fully show how these same politicians seek
spread hate speech to larger audiences, to strip refugees, asylum seekers, indigenous
incite violence, and purposefully destroy the people, inmates and LGBTQY individuals, for
reputation of individuals and organizations can example, of their rights.
occur within the protections of free speech
legislation. Today, he spread of disinformation It is important to recall that some elected
through social media platforms is widely seen officials are adamantly convinced that human
as one of the greatest threats to democracy rights get in the way of law and order or
and human rights.32 economic development. Moreover, it is critical
to appreciate precisely “who” is involved in
violent actions to close civic space. It is often
Mapping threats the case that violence is not perpetrated
directly by state agents in their official
capacity, but by paramilitary, militia, gangs,
It is possible to separate the threats to the private security and others, emboldened by
closure of civic space into different categories. the hateful rhetoric of a president and other
Table 1 describes a number of strategies senior political figures. In these situations,
and tactics deployed by governments, and even if direct attributions of responsibility of
sometimes also by their extremist support state agents cannot be made, it is important
groups, to restrict the operations of a wide to map the cases and identify the trends in
range of CSOs, media outlets, universities, order to better understand the relationship
artists and other non-governmental groups. between actual violent acts and hateful
It includes “legal”, “illegal” and “extralegal”33 rhetoric, and what can be done to protect the
actions. While still in development, the targeted individuals and groups.
framework is novel in how it reveals a more
diverse array of indicators than freedom of
expression, association and assembly, the
conventional focus of criminal justice and
human rights law. It exposes many of the less
visible dynamics of the closure of civic space,
precisely because they are hard to measure,
under-studied and thus neglected. It also
offers a new lens through which the health of
democracies can be assessed, complementing
more traditional evaluations of institutional
procedures and capacities that tend to be the
focus of political scientists.34
5THE ‘AGORA’ IS UNDER ATTACK: Assessing the closure of civic space in Brazil and around the world
Table 1: Typology of legal, illegal and extra-legal strategies and tactics used to close civic space
Strategies Description Examples of Tactics / Actions
Cooptation is the process of absorbing
members who seek change to work offer of privileged relationship, including access to
I. Cooptation with elites, demobilizing the opposition public contracts and funding, if given unrestricted
(Selznick 1948, Piven and Cloward support
1977).
veiled or open threat to dismiss or disempower
public servants and political appointees if they
Coercion is the use of threats to don’t adhere to government’s false narratives or
II. Coercion influence another’s behavior by limiting wrongdoings
choice (Schelling 1966). veiled or open threat to suspend ongoing
partnerships and/or public funding in light of public
criticism
Fake news are false stories circulated mass production and dissemination of false
on the news, social media, and content to earn political influence
spread on the internet, which try to
appear as real news. There are six hiring bloggers, using fake profiles, bots and other
III. Fake News and types: news satire, news parody, digital tools to create and spread false stories
Disinformation fabrication, manipulation, advertising, using public money or resources from supporting
Campaigns and propaganda (Tandoc, Lim, and groups
Ling 2007). Disinformation is false deliberate spread of disinformation campaigns to
information spread deliberately to cause distract or deceive
public harm or for profit, going beyond
fake news (EC 2018). attacks against facts and science
Intent to provoke self-censorship of individuals
that are targeted online or offline
creation of obstacles to access public information
Censorship refers to “the policy of
restricting the public expression of ideas, classification or restriction of publications and
opinions, conceptions and impulses documents
V. Censorship which have or are believed to have the direct intents to disqualify research results
(veiled or overt) capacity to undermine the governing
authority or the social and moral order defunding of cultural projects not aligned with
which that authority considers itself government’s views
bound to protect.” (Laswell, 1930)
filtered content or close down of internet
vastly enforced censorship of media, research,
cultural manifestations and debate
6IGARAPÉ INSTITUTE | STRATEGIC PAPER 49 | OCTOBER 2020
continuation
Strategies Description Examples of Tactics / Actions
use of state security forces and intelligence
apparatus to intimidate opponents
persecution and intimidation of activists, artists,
civic leaders, journalists, and scientists
Blackmail
public targeting / harassment of institutions by
high-level authorities
Intimidation refers to direct or indirect public targeting / harassment of activists, artists,
actions against others to prevent them civic leaders, journalists, and scientists by high
from continuing their work or to induce level authorities
VI. Intimidation fear of an attack (CIVICUS 2019). misogynist attacks towards women with public
and Harassment Harassment is legal or physical actions profile
or behaviors that demeans, humiliates or
embarrasses a citizen when expressing dehumanizing / defaming / delegitimization
critical opinions (CIVICUS 2018). campaigns against individuals, groups or
institutions (direct or indirect action)
online organized attacks and campaigns against
individuals, groups or institutions (bots and digital
mob mobilization)
threats to cancel public concessions of
independent media channels
pressure and threats to private companies to stop
advertising on non-aligned media channels
illegal tapping
Infringement of Privacy refers to the
violation of the fundamental human digital media monitoring for profiling, harassment
right to privacy, which underlines that and intimidation
“no one shall be subjected to arbitrary
interference with his privacy, family,
home or correspondence, nor to closure of accounts, websites, servers
attacks upon his honor and reputation.”
VII. Infringement (Universal Declaration of Human Rights, hacking profiles to intimidate or harass, or to use
of Privacy (State 1948). State Surveillance is the private profiles in digital mob campaigns
Surveillance) collection of information, including the
monitoring, tracking, and identification,
to the administration of subject
misuse of private citizens’ data on micro-targeting
populations, supervised by officials and
disinformation campaigns, and other digital
administrators, hinged to some specific
actions without permission
purpose (Giddens 1984, Lyon 1994).
It usually inhabits a shadowy realm of
public affairs (Starr et al). illegal monitoring of opposition, including protest
organizers
7THE ‘AGORA’ IS UNDER ATTACK: Assessing the closure of civic space in Brazil and around the world
continuation
Strategies Description Examples of Tactics / Actions
restrictions or ban on public protests /
demonstrations
constraints for the incorporation, registration,
operation and lifecycle of CSOs
shut down of CSOs who resist to conform to
Violations of political rights include
authoritarian or draconian rules
denial of the right to a fair trial and due
process; and rights of participation de-registration or cancellation of licenses of
in civil society and politics such as operation for CSOs who comply with the law
freedom of association, the right to
VIII. Civil and assemble, and the right to vote (Dahl invasion / destruction of CSOs offices
political rights 2005). Violations of civil rights include
violations discrimination on grounds of race, seizure of property
gender, sexual orientation, national
expulsion and prohibition to operate at a certain
origin, color, age, political affiliation,
country
ethnicity, religion, and social origin; and
restrictions of individuals’ freedom. travel bans
(ICCPR 1976).
illegitimate legal investigations
fomenting discrimination and infringements of the
rights of minorities and vulnerable groups
fomenting religious intolerance
exclusion of language on civil society participation
Restrictions to any forms of individual in national and international resolutions
or collective work to solve community
problems and to address issues of hardening of rules to allow for civil-society access
public concern (civic participation) to National Congress
as well as any forms of following,
IX. Restrictions on de-authorization of state institutions to work with
having knowledge, beliefs, opinions
Civic Engagement NGOS
and attitudes on public issues (civic
and Participation
engagement) (Barrett and Brunton-Smith
2014), especially when contributing and penalization of public officers who disobey
interacting with policy design, monitoring instructions of cutting access to civil society
and/or decision-making process.
shut down of participatory councils and
participatory mechanisms
8IGARAPÉ INSTITUTE | STRATEGIC PAPER 49 | OCTOBER 2020
continuation
Strategies Description Examples of Tactics / Actions
government institutions stop granting authorization
for CSOs to participate at projects of, and receive
funds from international cooperation donors
overly broad application of anti-money laundering
and counterterrorism measures
using defamation, treason, and other laws to bring
criminal charges against recipients of international
funding
restrictions for domestic and international funding
Restrictions on civil society’s ability
and/or prohibition of specific donors
to access foreign funding through
laws that limit or prohibit external requirement of advance government approval and/
support, requirements that include or international funds routed through government-
governmental approval, measures controlled entities
X. Funding against international organizations
Restrictions that provide CSOs support, as well as capping the amount of international funding per
administrative and practices or extralegal CSO
measures (Wolff and Poppe 2015) restriction of activities undertaken with
coordinated by governments against international funding, including content-based
independent CSOs. Restrictions can restrictions (e.g. ban on human rights work or
also apply for domestic funds. ‘political activity’)
taxation of international funds
categorizing CSOs that receive international
funding as ‘foreign agents’
burdensome procedural requirements
freezing or seizure of funds
prohibition to receive international funding
violent responses by the state to protests
denial to protect those under threat
Physical Violence is the intentional
and direct infliction of harm on people, violent attacks against minorities and vulnerable
from physical suffering or bodily harm groups
to violent death (Kalyvas 2006). In the threats of physical violence by state and non-state
XI. Physical context of this research, acts of physical actors
Violence violence can be perpetrated by state or
non-state agents, including paramilitary, illegal imprisonment of civic leaders
militia, gangs, private security and others
emboldened by the hate rhetoric of Torture/ ill-treatment
political figures to get rid of opposition forced disappearance
assassination / extra-judicial killings of human
rights’ defenders, civic leaders, and journalists
9THE ‘AGORA’ IS UNDER ATTACK: Assessing the closure of civic space in Brazil and around the world
continuation
Strategies Description Examples of Tactics / Actions
Constitutional Hardball consists of
political claims and practices that explore excessive use of executive orders to govern,
procedures, laws and institutions for bypassing Congress
partisan gain in ways that, although within
the bounds of existing constitutional
XII. Constitutional doctrine and practice, are in tension with issuing of norms and decrees that contradict the
Hardball* pre-established norms. It pushes the Constitution
bounds of legality, which can undermine
shared understanding of democratic
norms and the expectation that the other nonconforming with non-written norms that serve
side will comply with them (Tushnet 2004, to respect the separation of State Powers
Levitsky and Ziblat 2018 ).
political interference in ordinances from the Armed
Forces that violate laws and/or the Constitution
political interference in the public administration
with nominations and dismissals of public servants
Abuse of power is when political to favor private interests
actors take advantage of their position
XIII. Abuse of political interference in nominations of public
for personal gain, preventing basic
Power universities, research centers and participatory
managerial responsibility (Sankowsky
1995). councils to impose censorship
political interference in procedures and nomination
of leadership of law enforcement and other
independent public agencies to protect private
interests
*Even though most of the tactics used on the constitutional hardball and abuse of power categories are not directly infringed against
the civic space agents, these tactics diminish accountability, can undermine the separation of powers and the checks and balances that
could prevent the tactics described in the other categories to be implemented.
Sources for the tactics: off-the-record interviews with civic leaders; Buyse 2018; Civicus 2017, 2018, 2019; ICNL; Levitsky and Ziblat
2018; OHCHR; Rutzen, 2015; WEF 2017; World Movement for Democracy
Table 1 presents a typology with eleven A worrisome panorama emerges when legal,
strategies and 73 tactics and actions. extralegal and illegal strategies and tactics that
This preliminary conceptual framework are being deployed to curb the civic space are
aims to contribute to a better mapping seen together.
and understanding of the closure of civic
space. The typology was created based The typology may not be applied to all
on a review of existing literature combined settings experiencing the closure of the civic
with key informative interviews with leaders space. That said, table 1 can serve as one of
from the public, non-profit and business many tools to help identify and track a range
sectors. It was noted that many of the legal of threats to the civic space from an early
strategies pursued with the express purpose stage. It is important to stress that in many
of curbing civil society space are reasonably contexts legal, illegal and extralegal actions
well-documented. But on the other hand, are undertaken simultaneously. In other cases,
although extralegal and illegal strategies are they may occur at different times and entail
widely acknowledged, they are often under- different levels of intensity. There are typically
investigated and harder to track and to prove. a wide range of actors - both state and non-
10IGARAPÉ INSTITUTE | STRATEGIC PAPER 49 | OCTOBER 2020
state - that are involved in their perpetration. was, at most times, a credible voice that
And finally, the ways in which civic space is exerted pressure and could effectively acquire
affected can vary over time, since it is, after all, responses from government officials. This
a moving target.35 reality changed abruptly since the beginning
of Jair Bolsonaro’s administration which
deliberately chose to cut links with several
The case of groups and sectors of society that do not
have a total alignment with the administration’s
Brazil 36
thoughts and values.
However, it is important to note that the
Brazil offers a test case for the typology democratic transition in Brazil was an
presented above. For one, it is a country that unfinished job. The transition was negotiated
has experienced forceful constraints to civil between civilian and military powers upon
society over the past half century, notably during the assurance of wide and ample amnesties
the dictatorship period between 1964-1985. with little or no recognition of the atrocities
More recently, in the wake of the election of committed during the authoritarian government
Jair Bolsonaro in 2018, there are clear signals and with late and limited accountability to
of an accelerated rolling back of protections the victims and family members, brought by
and rights of civil society groups. The a National Truth Commission in 2011.38 And
difference today is that Brazil is a constitutional unlike in other countries that also lived under
democracy. Jair Bolsonaro was elected with long periods of military rule in Latin America,
55 percent of the vote in the second round in the end of the dictatorship in Brazil did not
a highly charged and polarized environment. mean a total break with the influence of the
Over 31 per cent of the electorate abstained or Armed Forces in the social and political life in
nullified their ballot, notably, in a country where the country.
voting is compulsory.
Article 142 of the Federal Constitution states
In the period after the dictatorship, civic that besides protecting the sovereignty of
space in Brazil expanded dramatically. the country, the military can also be called
Interactions between CSOs and universities to assure Law and Order by any of the three
with governments became the norm and the Republican Powers. The creation of the
resurgence of the independent media pushed Ministry of Defense, in 1999, with a markedly
an increase in government accountability. militarized structure and where high level
Although it is possible to identify attempts representatives of the Army, Air Force, and
from specific governments to coopt, intimidate Navy comprise the minister cabinet is another
or restrict certain rights of different groups, indication of the military’s influence. In reality,
checks and balances were being strengthened, the coexistence of traits of authoritarianism
and civil society reactions to such measures with growing nostalgic support for the
allowed for a vibrant exercise of democratic dictatorship was underway much before 2018.
rights and freedoms at most times. There
was still a lot of progress to be made, but However, since the lead-up to the presidential
CSOs and universities shared knowledge and election that year, Jair Bolsonaro’s campaign
took part in the design, monitoring, and at broadcasted its intention to crack-down on
times, the implementation of informed public a wide range of civic groups. Before and
policy.37 Participation through different channels since taking office, the president targeted
allowed for the inclusion of minority groups’ political opponents, the independent media,
perspectives in policy making. And the press the judiciary, and even the nation’s historical
11THE ‘AGORA’ IS UNDER ATTACK: Assessing the closure of civic space in Brazil and around the world
memory of the dictatorship era. 39 Specifically, considered to be illegal.47 It is important to
he called the 1964 military coup that installed highlight that when not rolled back by congress
a dictatorship a “revolution’ and routinely or courts, illegal decrees come into force. This
praised torturers from the period.40 In fact, creates legal insecurity and can benefit lobby
6.157 military personnel occupy civilian groups that are, in general, close allies to the
positions in the current administration.41 The government. This is clearly the case of the
number is twice what it was in 2018, when gun decrees. The sheer number of new norms
Michel Temer was president and higher even and decrees also make it harder to assess
than the combined number of military in their legality and contest the illegalities. Some
civilian positions during the 20 years of the of the changes and its consequences are yet
dictatorship period.42 Eight positions of the to be detected and understood. But new gun
current federal cabinet are occupied by former registries and ammunition purchases have
or serving military staff, not to mention the skyrocketed since 2019.48
vice presidency.
In the first months of his presidency he
The administration has been following, intervened in Ministerial nominations for
diligently, the playbook of other far-right voluntary public policy councils.49 He was
governments around the world. Throughout his the first president since Brazil’s democratic
political career and, most importantly, during transition to nominate an attorney general that
his presidency Bolsonaro has verbally attacked was not listed among the three candidates
women and minorities, including LGBTQY and identified by the Public Prosecutors Office.50
indigenous groups. Jair Bolsonaro was sued Additionally, there is a hypothesis that the
and convicted of “moral damages” in 2014 Brazilian president may also be using his
after telling congresswoman Maria do Rosario allies in office to prevent government officials
he wouldn’t’ rape her because she didn’t from investigating his personal affairs,
deserve it. 43 Since he was a congressman, which would constitute abuse of power.
the president – and some of his sons - has For example, he has personally dismissed
been an active follower and proponent of the ministers and secretaries that challenged
propaganda and the organizational methods of his views or had harmed his self-interests
the North American’ National Rifle Association in the past.51 For instance, Sergio Moro,
in Brazil, and one of the most prominent then Minister of Justice and Public Security,
gun lobby representatives in the Brazilian left the position, alleging that President
congress.44 Moreover, in a country with over Bolsonaro’s will to interfere in the Federal
5,800 police killings in 2019, his discourse Police to protect his family and friends was
defends granting more leeway for police to against his principles.52 The head of the
deploy lethal force.45 federal police in Rio de Janeiro who holds
the responsibility for investigating suspected
Immediately after assuming office in January money laundering accusations against one of
2019, president Jair Bolsonaro started playing his sons, senator Flavio Bolsonaro was also
constitutional hardball. Under his orders, replaced.53 In August, 2020, the structure
his administration issued and revoked literally of Brazil’s Intelligence Agency (ABIN) was
hundreds of decrees and norms in order to modified with the creation of a National
appease his base of conservative hardliners, Intelligence Center. There is the concern that
evangelicals, and financial elite, and test the Center may function as a “parallel” ABIN,
the reactions of congress, the judiciary and potentially interfering in the investigation of
public opinion.46 In a bid to dismantle existing allies or investigating supposed enemies of
firearms regulations, the federal administration the President.54
issued ten decrees in 2019, many of them
12IGARAPÉ INSTITUTE | STRATEGIC PAPER 49 | OCTOBER 2020
Another controversial and illustrative case was Among the most affected spaces are
the dismissal of the then Minister of Health, the commissions that counted with the
Luiz Henrique Mandetta, during the major participation of indigenous populations
Covid-19 crisis in Brazil, for prioritizing social and environmental groups. For instance,
isolation over other measures to contain the in February 2020, a decree excluding the
pandemic in the country. 55 His successor, participation of indigenous representatives
Nelson Tech, also left due to his refusal to and other social movements from the National
include a norm to prescribe the medicine Commission of Biodiversity was issued. 61
chloroquine, which had no scientific backing, Another decree extinguished the positions
in the treatment of all patients infected destined to civil society in the deliberative
with Covid-19 in Brazil. 56 General Eduardo Council of the National Fund for the
Pazuello, with no relevant experience in the Environment. 62 In July 2020, a new internal
health field took over as Health Minister and regiment restricted civil society participation
brought several other military personnel to fill in an Executive Commission to Control
in key positions. 57 These measures not only Illegal Deforestation and Recovery of Native
weaken the independent functions of public Vegetation. 63 Off the record interviews with
service but can also undermine the mandate senior public servants show that ministers and
of key institutions, including harming its public representatives were told not to seek
technical expertise and quality of the public inputs from or work with civic groups that
service provision. are not aligned with the president’s platform
in several key public policy areas. These
Some of the most aggressive actions by the Head restrictions will most likely degrade the design
of State have been launched against civil society and implementation of informed public policy
groups, most of which are viewed as hostile to and diminish government’s accountability.
the government’s agenda. The president’s cabinet
has proposed decrees to increase “supervision”
and “control” over CSOs and international Even more worryingly, since the beginning
organizations as well as restrictions to weaken the of the Bolsonaro administration, a range of
country’s Freedom of Information Act.58 59Although harassment and intimidation strategies
civil society groups are pushing back and Brazil’s to restrain civic debate and opposition have
Congress and Supreme Court are rejecting, to been deployed. Indeed, as publicized by the
date, the most unconstitutional proposals, these press, it appears that the so-called “hate
and other efforts are helping undermine civil cabinet”, – where such campaigns are initiated,
society and engender confusion among public is operated by some of the president’s closest
servants and legislators. aides, including one of his sons.64 Targets
include female journalists, scientists, artists,
These actions reflect at best an ignorance activists and human right defenders, as well as
and at worst contempt for democratic rights leaders of indigenous groups, among others.
such as freedom of expression, association Hateful content is delivered through official
and assembly. Yet they are just the tip of social media channels – especially Facebook,
the iceberg. The federal government has Twitter, Youtube and WhatsApp – of the
also sought to dramatically restrict the president and his allies. It is supplemented
participation of civic organizations in with the use of bots, false profiles and the
consultations or engagement with the mobilization of a loyal digital mob nurtured for
government. For example, dozens of the past decade and crucial to the president’s
participatory councils established since the election.65 As early as October 30th, 2018,
1980s precisely to increase civic space, were supporters of the recently elected president
closed shortly after the beginning of the new were called in WhatsApp groups to boycott
government in 2019.60
13THE ‘AGORA’ IS UNDER ATTACK: Assessing the closure of civic space in Brazil and around the world
journalists, celebrities and intellectuals who Indeed, the attacks on the media have been
spoke out against his candidacy. 66 The list commonplace since the very beginning of his
included more than 700 names, among them mandate. For instance, the president decided
the singer Anitta, the actresses Camila Pitanga to cancel all government subscriptions to the
and Patrícia Pillar, the doctor Dráuzio Varella, respected newspaper Folha de São Paulo –
the presenters Zeca Camargo and Fernanda though this “mandate” was overruled by the
Lima, the actors Wagner Moura and Alexandre Supreme Court.72 In the meantime, Folha’s
Nero, the singers Caetano Veloso, Chico journalists, including Patricia Campos Mello,
Buarque , Gilberto Gil and so many others, were also harassed for her articles on the
who publicly expressed disagreement over his government’s widespread use of fake news.
campaign program. She has been a victim of recurrent misogynist
attacks by the Bolsonaro clan and his pro-
The purpose of these scorched-earth government press allies. 73 In fact, misogynist
extralegal salvos is obvious. They are intended attacks against female journalists have been
to dismantle the personal and institutional commonplace and led to a denouncements
credibility and reputation of civic actors and against president Bolsonaro at the UN
encourage some groups to self-censor out Human Rights Council by 13 organizations.74
of fear of being targeted. They can also Moreover, private companies were also
generate concrete consequential outcomes. threatened with retribution if they continued
The defamatory digital campaigning has fueled advertising in the newspaper.75 The Globo
death threats against prominent journalists. For Organizations, the country’s largest media
example, the nationally respected columnist group are also a constant target of aggressive
Miriam Leitão had her participation in a literary campaigns which describe their reporting
festival in Jaguará do Sul cancelled by the as “fake news”. The president has publicly
festival’s organizers due to threats.67Meanwhile, threatened to cancel their TV concession
hate messages inspired by the government’s which is up for renewal in 2021.76
closest allies are believed to have fueled a
terrorist attack on the headquarters of the The president has also pursued international
popular comedy troop “Porta dos Fundos”. 68 journalists that have criticized his government.
The reality is that many cases are not publicly Throughout 2019, for example, the Intercept’s
reported or disclosed, and they may very well journalist Glenn Greenwald denounced that the
end up in direct acts of physical violence justice minister Sergio Moro, was supposedly
perpetrated by non-state actors, and radical implicated in misconduct during the course
supporters of the far-right government. A sad of the country’s anti-corruption investigations
example was the murder of capoeira master called Lava Jato, or Car Wash.77 Despite
and advocate for Afro-Brazilian rights, Mestre several efforts by the president’s allies to have
Moa do Katendê, who was stabbed 12 times Greenwald investigated, the federal police and
after an argument with a supporter of the hard- later the courts determined that Greenwald
right candidate Bolsonaro for president during should not be investigated.78 In January 2020,
the election campaign in 2018.69 Greenwald was formally indicted without
having been investigated.79 This episode is
A key target of the Bolsonaro government’s the first “legal” case involving the prosecution
ire is the country’s independent media. 70 of a journalist with clear demonstrations of
According to Reporters without Borders, abuse of power and intimidation and
the Bolsonaro family, including the president harassment.
and his three sons, Carlos, Eduardo and
Flávio, promoted 174 attacks against the
press in the second trimester of 2020.71
14IGARAPÉ INSTITUTE | STRATEGIC PAPER 49 | OCTOBER 2020
The education sector has also been harassed, The government has also initiated a culture
including through overt and disguised war. The country’s culture agenda is being
censorship. Specifically, public schools and shaped by a profoundly religious-conservative
universities are facing a range of crackdowns agenda. The ministry of culture was closed,
against “ideological” teachers and professors and its powers were partially transferred
said to promote gender ideology, leftist ideas to a special secretary under the ministry of
or who are critical of government in their tourism.87 Projects of “leftist” artists, including
classrooms.80 Students are being requested those featuring minorities or with gender
by some government authorities and their sensitive related content were defunded. A
supporters to record and denounce teachers call for proposals for films on LGBTQY-related
reportedly “opposed” to the government issues was cancelled and was only reinstalled
agendas.81 A hotline was opened in early 2020 after a court ruling determined it constituted
by the ultra-conservative and religious minister censorship.88 Alarmingly, in January 2020, the
of human rights, Damares Alves, to receive former special secretary for culture, Roberto
complaints against teachers disrespecting Alvim, released an official video replicating the
“moral, religious and the family ethics”.82 In the speech and aesthetics of Nazi propaganda,
end of 2019, the former education minister, including a speech delivered by the former Nazi
Abraham Weintraub, has also accused public minister for propaganda, Joseph Goebbles.89
universities of being overrun with drug use Following public outcry, Alvim was dismissed.
without supplying any evidence.83 Meanwhile, Commentators in Brazil noted at the time the
a new decree was issued in late 2019 comments by the president on the Nazi regime
allowing the ministry of education to design throughout his career.90
new content for textbooks, despite the fact
that such processes to date were previously The federal administration and its
required to be open to public bidding.84 supporters are also waging fake news and
disinformation campaigns - a common
Since the beginning of the administration, there tactic of authoritarian leaders globally - against
has been an enormous effort to restrict access the country’s scientific community, especially
to public information. Access to information is those involved in human rights, climate
fundamental for the monitoring and evaluation and Covid-19 related issues. Although the
of public policies. It enables media and civic machinery that supposedly coordinates the
groups to hold governments accountable, fake news - known as the “hate cabinet”,
strengthening public policies and making them does not have a line in the federal budget,
more plural, inclusive, and effective. At least 13 it is said that their work - that of spreading
measures were undertaken to either deny or hatred and disinformation - is subsidized with
make it harder to access information. Among taxpayers’ money, through staff salaries and
the most controversial ones are the attempts communication services contracts. 91 In fact,
to changes in the national Law of Information these strategies have been widespread before
Access allowing public institutions to classify and since during the 2018 electoral campaign,
information or not to respond to information especially through WhatsApp groups. Four
requests, and the attempts to disguise the inquiries at the Superior Electoral Court
real numbers related to infected people during are investigating the use of disinformation
Covid-19 pandemics or of deforestation in the and defamation campaigns during the
Amazon forest, as well as the exclusion of the 2018 election campaign, allegedly funded
number of deaths caused by police officers form by business leaders who supported Jair
the government’s human rights report.85 These Bolsonaro’s presidential campaign.92
attempts were later suspended by decisions
coming from the Judiciary and Congress.86
15THE ‘AGORA’ IS UNDER ATTACK: Assessing the closure of civic space in Brazil and around the world
An example of how disinformation plays out The extent to which different elements in
in practice, the renowned scientist Ricardo government are pursuing abusive surveillance,
Galvão was fired from his post as director which is an infringement of privacy, is hard
of the Brazilian Institute of Space Research to determine with precision. Nevertheless,
(INPE) after releasing data about rampant several interviewees mentioned the existence
deforestation in the Amazon.93 Galvão of illegal tapping, as well as the use of ‘private
was publicly castigated, with claims that dossiers’ to blackmail and threaten opponents,
he was lying and funded by an NGO with a practice thought to be widespread. as are
vested interests in forest resources, with no lists of people under surveillance, whereby
evidence offered. These accusations play the state apparatus has been used to
to older anxieties in Brazil about “foreign monitor, coerce and censor citizens, are also
interference” in the Amazon.94 Meanwhile, the considered commonplace. As confirmed
lack of investment and the attacks against by the Minister of Justice Andre Mendonça,
Brazil’s scientific community is contributing teachers and police officers who position
to record levels of brain drain.95 As the themselves as anti-fascists were being
Global Public Policy Institute concluded, listed and profiled.101 In August 2020, the
academic freedom is under threat in Brazil, supreme court prohibited this practice.102 The
particularly didactic and scientific autonomy government nominated an intelligence agent
in public universities.96 Similar tactics are to coordinate the government’s relations with
directed against a wide range of CSOs and NGOs.103 Because he was an intelligence
international NGOs, especially those involved agent, his identity could not be revealed, which
in environment conservation and protection. caused concern among civil society groups.
For example, Greenpeace was wrongly A few months later, the Federal Justice in São
accused by the minister of environment, Paulo suspended the decision.104
Ricardo Salles, of being behind a major oil
spill off the coast of Brazil.97 In September 2020, former Minister of
Health Luiz Henrique Mandetta who left
In a clear case of civil rights violation so- the government due to disagreements
called “investigations” were initiated against with President Bolsonaro in his handling of
the NGO Saúde Alegria and its volunteer the Covid-19 crisis, affirmed that he had
firefighters working in Alter do Chão, a the impression he was being followed by
municipality in Pará state.98 The NGO’s offices intelligence agents while still a minister. He
were raided and four volunteers were arrested, suggested the President seemed to know he
paraded in front of the cameras with shaven went to a bakery with his wife on a specific day
heads, and only released after spending four and later went himself to that specific bakery
days in detention. Likewise, President Jair which was considerably far from his residence
Bolsonaro has made baseless accusations to constrain him.105
against a wide range of organizations that
they are setting fires to the Amazon in order Another indicator of the extent to which
to generate from international organizations the current administration is thinking about
such as the WWF and celebrity donors such as curbing political rights and dissent is the
Leonardo DiCaprio.99 The Brazilian authorities casual verbal threats by the president’s sons,
have been widely criticized and condemned by echoed by the finance minister of invoking
several European governments, in particular, Institutional Act 5, or AI-5.106 107 AI-5 is a
and rights groups around the world.100 dictatorship-era decree that institutionalized
practices such as torture, repression and
censorship. It gave the head of state virtually
unlimited powers, including to close Congress,
16IGARAPÉ INSTITUTE | STRATEGIC PAPER 49 | OCTOBER 2020
to impeach politicians and suspend the right The Bolsonaro administration’s “tough on
of habeas corpus for political prisoners. Article crime” rhetoric also appears to be inciting
4 of AI-5 was the most unsettling, allowing police violence.115 A key proposal from the
the president to suspend the rights of citizens government is to remove limits on the use
for up to 10 years and impeach elected of lethal force by state police officers. For
officials at all levels of government. Indeed, example, one of the president’s elected sons
there have been episodes of police entering who is under criminal investigation, Flavio
teacher’s union meetings and the offices of Bolsonaro, presented a bill to treat suspects
opposing political parties to question and who “refuse to negotiate or surrender” as a
intimidate participants.108 It was also the case suicide.116 The idea was to “demonstrate that
that specific executive legislation in the form [he/she] accepts or assumes the risk that the
of decrees, enabled the use of the national situation will be solved with his/her own death”.
force - formed by police officers from different The president has also promised to legally
states of Brazil, to contain public protests protect police officers who are arrested “owing
and demonstrations, such as the Indigenous to media pressure” and has been seen of being
women march.109 Since then, Jair Bolsonaro supportive to illegal strikes and intimidation led
suggested he could use a “federal” security by police corporations in different states, which
force against protesters. It is unclear whether have challenged state governors’ authority.117
he referred to the Armed Forces, which has In a country where levels of impunity are
occurred in Bolivia, Chile and Ecuador or the already among the highest in the world these
national force.110 measures can end up granting the police a
license to kill.118
It is also likely that the Bolsonaro
administration’s extremist rhetoric and hateful Brazil is also seeking to “internationalize” its
narratives are exacerbating human rights crusade to close civic space, which damages
violations including physical violence. the country’s foreign policy and international
Moreover, he has abstained from speaking image. Foreign minister Ernesto Araujo is on
out against, deterring or responding to a record denying climate change, promoting
range of grave human rights violations. There anti-LGBTQY propaganda, condemning
appears to be a perception that some rural “gender ideology”, and campaigning against
landowners and land-grabbers interpreted Brazilian artists that hold views contrary to his
the government’s aggressive rhetoric as a administration. In the process, he is degrading
carte-blanche that led to a surge in extralegal the morale of the country’s diplomatic
violence perpetrated against indigenous corps119. In the meantime, the president’s
populations, grassroots environmental son, Eduardo Bolsonaro, has joined forces
defenders, journalists and vulnerable with Steve Bannon’s initiative to advance hard
populations throughout the Amazon, among conservatism. The first gathering of the “The
other places.111 Reports of threats, land Movement” in Latin America was hosted by
invasions and physical violence committed Eduardo Bolsonaro in São Paulo in late 2019.
against indigenous groups in particular are on In 2020, Brazil’s government has sided with
the rise.112 For example, in 2019, Paulo Paulino ultra-conservative governments, such as Saudi
Guajajara – an indigenous leader protecting Arabia, Iraq and Pakistan against provisions for
his group’s territory from illegal loggers in sexual education and women’s reproductive
Maranhão – was murdered.113 And because rights in the United Nations Human Rights
the government has systematically dismantled Council.120 Former foreign ministers from
environmental and indigenous groups the six previous administrations denounced
protection agencies, there is limited capacity to Brazil’s foreign policy under Bolsonaro as being
protect native groups and their lands.114 “shameful” and “unconstitutional”.121
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