Olympics and right to protest
A judge blocked a provision in a law that has been used to throw antigovernment protesters out of Olympic venues, clearing the way for renewed political chants and messages at Games sporting events.
Federal Judge João Augusto Carneiro Araújo ruled that expelling protesters from Olympic venues violates the right to free expression, which is guaranteed in Brazil's constitution. According to Brazil's Olympic law, which bans political demonstrations at venues, spectators can't “use flags for ends other than festive and friendly displays.”
A number of spectators were expelled from events in the opening days of the Rio Games for displaying antigovernment slogans. Much of the ire has been directed at Brazil's acting President Michel Temer, who backed impeachment proceedings against suspended President Dilma Rousseff, who is currently on trial in the Senate.
The Federal Government appealed the injunction, but decided to drop its move last Tuesday. A spokesman for the federal court said that neither the International Olympic Committee nor the Rio de Janeiro State Government, both of whom were also implicated in the ruling, have appealed, but they could still do so.
The injunction will allow “people inside the stadiums to demonstrate peacefully through the use of signs or shirts, or other means that do not disturb the peace,” according to the spokesman.
Rio 2016 organizers said that they would honor the ruling, but will still ask for it to be reconsidered.
In his decision, Mr. Araújo wrote that interpreting the law to restrict peaceful political protest is “an affront to the inviolable core of the fundamental right to freedom of expression.”
He said any violations of his decision to allow protests to continue would result in fines of 10,000 reais ($3,165).
A similar measure restricting protest in World Cup stadiums was upheld by the Supreme Court when Brazil hosted the tournament in 2014. At the time, Justice Gilmar Mendes noted that the right to free expression wasn't “insusceptible to restriction.”
The Olympic Law was approved in May by Ms. Rousseff, who was suspended from office two days later. The protest restrictions were passed to support so-called Rule 50 of the International Olympic Charter, which prohibits political, religious or racial “propaganda” at Olympic venues.
The Olympic Law, like the World Cup Law, contains a package of measures designed to protect the Olympic Committee's brand and commercial interests, as well as codes of conduct for the venues. The same article of that law that limits the use of flags is qualified to protect “the constitutional right to free expression.”
“I hope everyone understands that the Games should not become a platform for political debate,” International Olympic Committee spokesman Mark Adams said. “I think a lot of people appreciate that. But absolutely, we respect the rule of law.”
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