JUSTICE - No. 71

49 Spring 2024 In a 2018 precedent-setting case, the Supreme Court also declared that incitement to public hatred against other religious movements and their followers is not protected by freedom of speech. In this sense, “the encouragement of intolerance and public hatred against believers of other religions does not deserve the dignity of the constitutional protection that ensures freedom of expression, which cannot include, in its scope of protection, criminal manifestations that constitute a crime.”8 Finally, the Anti-Terrorism Act, enacted in 2016 (Act 13.260/16), provides severe penalties, inter alia, for acts related to the preparation of terrorist attacks and financing of terrorism in general. Through its application, the Federal Police have been able to neutralize concrete threats to the Jewish community in Brazil, identifying and punishing Brazilians radicalized by international terrorist groups that specifically target the Jewish community. This was the case in 2016 during the so-called “Hashtag Operation,” where Hezbollah planned terrorist activities to take place on the eve of the Olympic games held in Rio de Janeiro.9 Thus, despite all the challenges for the application of norms and precedents by the Courts, Brazil has a robust legal framework and specific in-depth cases that act on the criminalization of antisemitism. n Fernando Lottenberg. Ph.D. in International Law, Universidade de São Paulo, is OAS Commissioner in charge of Monitoring and Fighting Antisemitism. He has been a Fulbright Fellow at The University of Texas, Austin, and is the former president of the Jewish Confederation of Brazil. Andrea Vainer is a criminal defense lawyer. She holds a postgraduate degree in Corporate Criminal Act from Coimbra University (IDPEE) and a master’s degree (LL.M.) from the University of Chicago. She has been admitted to practice as a lawyer in Brazil and in New York. She is Professor of the Corporate Investigations and Compliance course at FIA Business School (São Paulo, Brazil) and is the Legal Director of the Jewish Confederation of Brazil. She is the co-author of Nova Lei de Abuso de Autoridade (New Act of Abuse of Power, 2020); Violência Doméstica (2021, Domestic Violence); and Violência contra Menores (2023, Violence against Minors), all published by Imperium. 8. Opinion of Justice Celso de Mello, RHC 146303/RJ, Presiding Justice Edson Fachin, 6.3.2018, DJ 7.8.2018. 9. See https://oglobo.globo.com/blogs/bela-megale/post/ 2023/11/pf-prende-terroristas-ligados-ao-hezbollah-eque-planejavam-ataques-no-brasil.ghtml; see also Camila Bomfim and Filipe Matoso, “PF prende 10 pessoas suspeitas de ligação com terrorismo.”

RkJQdWJsaXNoZXIy MjgzNzA=