Rebellion, sedition or social unrest: how is an attack like that in Brazil punished in Spain?

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Only a few hours had passed. a crowd of thousands of Bolsonaristas forcibly occupied the headquarters of the Brazilian legislative, executive and judicial power. It was a picture very similar to the picture seen in the USA two years ago, supporters of the losers entered the institutions demanding the overthrow of the newly elected government. In Spain, Pedro Sánchez condemned the attack on social networks, and soon after, the PP spokesperson in Congress, Cuca Gamarra, He replied with a dozen words that led the discussion to the process and the reform of the new Penal Code to abolish the crime of sedition: “With you, in Spain this is now simple public turmoil…”. But in the opinion of the criminal lawyers consulted by El Periódico de Catalunya of the Prensa Ibérica group, the debate is more political than legal.

“Of course the Spanish institutions are protected,” the Criminal Law doctor insists. mercedes garcia. “The only question is whether Gamarra spoke out of ignorance or malicious intent,” he adds. García thinks it’s “clear” that we’re dealing with a crime of rioting. “Because there’s violence, that’s what defines the crime of rioting, along with the purposes that can be pursued,” he says.

constitutional law professor Xavier Arbos He argues that despite the fact that sedition has been abolished, “there are means in the current Penal Code to protect the functioning of the main constitutional bodies”. “I don’t think it’s possible to give the impression that if these cases occurred in Spain, they would be punished as simple aggravated public nuisances,” says Arbós. crime of riotrefers to an attempt to block the functioning of the Cortes Generales, which is still in force.

The lawyer argues that the only event comparable to what happened in Brazil was the attempted coup of February 23, 1981, when its leaders were convicted of military rebellion. Arbós insists that “revolt, in varying degrees and nuances, in all constitutional orders, because democracy must be preserved.”

Rebellion and ‘procés’

For Professor of Criminal Law at UOC Josep Maria Tamarit“it is not true that events will only be to disturb public order” and “violence” pursued “for one of the purposes provided for in the Criminal Code” – inter alia, to impeach the King, dissolve Parliament or remove any of its powers, change the Government or compel it to act against its will – and “The actions taken are appropriate to achieve that purpose.”

This lack of conformity was what the Supreme Court saw lacking in convicting those accused of ‘procés’ for rioting, not rioting. “Given what we know about what happened in Brazil, that would be the most controversial requirement,” says Tamarit.

When the State Prosecutor’s Office moved away from the Prosecutor’s Office and did not accuse the Catalan leaders, the then leader of the PP, of rebellion, Paul is marriedaccused the Sánchez government of forcing this decision, calling it “immoral” and “insulting Spain”. Vox, who also acted as special prosecutor at the trial, announced that she had appealed the sentence, preferring rebellion, which she thought was proven. At that time, the crime of fitna did not convince a right. I was betting on the riot A man sentenced to up to 25 years in prison for his instigators.

crime against state institutions

According to Tamarit, another possible channel of crime is crimes against State institutions. “In principle, it is the one that looks clearer and has a prison sentence of 3 to 5 years.” Eight people convicted for the siege of the Parliament of Catalonia in June 2011 were precisely for a crime against State institutions. “These attempts to besiege the courts have never been so extreme as to attack them and incite domestic destruction,” says Arbós.

García accuses the PP spokesperson in his words, “Downplays the importance of what’s happening in Brazil, violently seize the main institutions of the state”. For the criminal lawyer, “this is a malicious comment and a real disgrace.”

After the PP, the far right took Gamarra’s argument even further, joining him. Vox’s VP of Political Action, Jorge Buxadeleft a mystery in the air: If the PSOE loses the next general election and something like the one in Brazil happens, “What mechanisms does the state have to fight against this? riot uprising against democratic institutions? Buxadé argued that with the abolition of the crime of sedition, they “leave us helpless”.

“Fortunately, none of the major parties approve of what is happening in Brazil. Worried about political polarization or spreading hate messages, Luckily we are not like in BrazilHe defends Arbós, who warns of the sense of insecurity created by activating the possibility of such events occurring in Spain.

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