RIO DE JANEIRO, BRAZIL – On Thursday, April 2nd, the Brazilian Association of Jurists for Democracy (ABJD) filed a complaint against President Jair Bolsonaro at the International Criminal Court in The Hague, Netherlands.
In the complaint, the organization claims that the President committed a crime against humanity by encouraging actions that increase the risk of spreading the novel coronavirus. Since the outbreak of Covid-19, Bolsonaro has downplayed the disease’s mortality and criticized the isolation recommended by the Health Ministry.
The complaint recalls a study by the London Imperial College, which estimates that up to 1.1 million Brazilians could die if prevention measures were not implemented.
“It’s precisely the President of the Republic who incites people to return to their jobs, children to go back to school, young people to go back to university and people to walk the streets as usual”, the document states.
Learn about the charges and the potential consequences of the complaint:
What arguments have been brought forward by the Brazilian Association of Jurists for Democracy to denounce President Jair Bolsonaro?
The denunciation stems from criticism of the Prosecutor General, Augusto Aras, who shelved a request from organizations for the body to issue a recommendation advising Bolsonaro to follow the World Health Organization’s (WHO) recommendations in the fight against the coronavirus. The document stresses that Aras is the only one with jurisdiction to prosecute the President.
It subsequently charges Bolsonaro with a crime against humanity by disregarding the WHO and the Ministry of Health’s recommendations, urging citizens to return to work and, consequently, taking on the risk of infecting and killing thousands of people
“The muddle caused by the President is absurd, in disobeying, himself, the guidelines of his own government. Thus, if the President reports that Covid-19 is not dangerous, many Brazilians will believe it, and place themselves at risk, their families and everyone with whom they have contact,” the text states.
According to the ABJD, the President has committed the crime of epidemic, provided for in article 267 of the Brazilian Criminal Code and in law 8.072/1990, in addition to violation of preventive health measures (article 268 of the Criminal Code) and violation of law 13.979/2020, which provides for penalties to those who fail to comply with the measures of isolation to Covid-19.
What are the events highlighted by the complaint against President Jair Bolsonaro?
The document points out five instances in which the President allegedly failed to comply with the WHO and the Ministry of Health’s recommendations:
The greeting to supporters crowded around the Planalto Palace, when Bolsonaro made contact with hundreds of people on March 15th;
The national radio and TV network statement in which the President said there was no reason to close schools and called the coronavirus “the flu” on March 24th;
The publication of Decree 10.292, which included the opening of churches and lottery houses as essential services, on March 25th;
The launching of the “Brazil Can’t Stop” campaign, in which the government encouraged Brazilians to return to work, on March 25th;
The visit to businesses in operation in the Federal District on March 29th.
What are the potential consequences for those convicted in the International Criminal Court?
Decree 4.388/2002, which deals with Brazil’s ratification of the Rome Statute of the International Criminal Court, provides for prison sentences to sentenced individuals, without specifying the period for each type of crime.
“Imprisonment for a certain number of years, up to a maximum of 30 years, or life imprisonment, if the high degree of illegality of the fact and the personal conditions of the convict so justify”, provides the decree.
In addition to imprisonment, the statute also provides for the imposition of fines and confiscation of assets. The Federal Constitution also provides, in Paragraph 4 of Article 5, that the country “submits itself to the jurisdiction of the International Criminal Court to the creation of which it has declared its adherence”.
What is the International Criminal Court in The Hague?
The International Criminal Court is the first permanent international court. It was established in The Hague, Holland, in 2002, and has the power to judge crimes committed by individuals from signatory countries. It acts in cases considered international, such as crimes of genocide, war and against humanity.
What is the Brazilian Association of Jurists for Democracy?
The Brazilian Association of Jurists for Democracy is a left-wing civil association founded in May 2018 to “defend the democratic regime”.
According to the description on its website, it comprises 1,300 members throughout the country, including judges, prosecutors, attorneys, public defenders, professors, justice system officials and law students.