Public Note #39 – In solidarity with the National Conference of Bishops of Brazil, the Archbishop of Aparecida, and Pope Francis

The Dom Paulo Evaristo Arns Commission for the Defense of Human Rights – the Arns Commission – would like to publicly express its solidarity with the National Conference of Bishops of Brazil (Conferência Nacional dos Bispos do Brasil – CNBB, in Portuguese), the Archbishop of Aparecida, Dom Orlando Brandes, and with Pope Francis, victims of the hate speech from the state deputy Frederico D'Ávila.

The words spoken by the parliamentarian from São Paulo – without any motivation, other than to explicitly offend – reached, due to their seriousness, the entire Brazilian society, regardless of religious choice. Everyone knows and values the ethical sense of the National Conference of Bishops of Brazil, Bishop Dom Orlando, and Pope Francis in their relentless mission to seek peace and social justice.

One cannot confuse immunity with impunity, nor confuse the right to criticism with the deliberate intention to insult and offend. Although the insulting words against the CNBB and authorities of the Catholic Church were spoken from the tribune of the Legislative Assembly of São Paulo (Assembleia Legislativa de São Paulo – Alesp, in Portuguese), they do not have any connection with an act or manifestation concerning the parliamentary mandate, which is why Deputy D'Ávila should not enjoy the civil and criminal inviolability provided for by Article 53 of the Federal Constitution, in addition to the fact that his offenses were considered unacceptable by the President of the State Parliament.

The Justice of São Paulo has already demonstrated that not everything that deputies do or say is covered by parliamentary immunity, a safeguard of the constitutional exercise of popular representation. Thus, the Arns Commission hopes that the Ethics Commission and the São Paulo Parliament will put an end – in accordance with the law and with the exercise of the right of defense – to the mandate of this deputy who has only belittled the São Paulo Legislature with his hate speeches and tributes to torturers and dictators.

Regarding the Justice Court, it is expected that it will provide the appropriate constitutional content to the institute of parliamentary immunity so that it does not become synonymous with impunity and incitement to hatred.