Another Pataxó leader killed; Lawsuits and legal threats against journalists continue

Introduction

Federal Police implicate Jair Bolsonaro in coup attempt

In February 2024, documents from Brazil’s Supreme Court revealed that police alleged Filipe Martins, adviser to former President Jair Bolsonaro, provided Bolsonaro with a draft decree before the 2022 election. This draft proposed detaining Supreme Court Justices, including Alexandre de Moraes, who oversaw the electoral process. Bolsonaro reportedly modified the decree to focus on de Moraes alone, subsequently seeking support from military leaders. Military leaders, meanwhile, reported that Bolsonaro had discussed plans to contest the election results.

On 8th February 2024, the Federal Police conducted searches involving 33 people as part of a probe into an alleged attempt to maintain Bolsonaro in power. Bolsonaro’s lawyer confirmed his intention to comply with the Supreme Court's order by surrendering his passport.

Further investigation had indicated that Bolsonaro’s team monitored Justice de Moraes’ movements with potential intent to detain him, and that officials held discussions to enlist support for pro-Bolsonaro demonstrations. This highlights Bolsonaro’s actions post-election, including attempts to challenge Brazil’s electoral integrity and allegations of involvement in the January 2023 anti-democratic uprising.

Association

Indigenous leader killed, others injured amid armed-backed forced eviction

On 21st January 2024, at least 200 farmers affiliated with the Zero Invasion Movement launched an armed assault on the Pataxó Hã Hã Hãe Indigenous community within their traditional territory of Caramuru-Catarina Paraguassu in Bahia’s Potiraguá municipality. The farmers forcibly expelled the Indigenous community from the Inhuma Farm, which the Pataxó Hã Hã Hãe had reoccupied the previous day, without any judicial order authorising such an action.

The attack reportedly involved farmers carrying firearms, with military police from Bahia accompanying them and allegedly providing support to the landowners. Visual evidence suggested that military police protected the farmers as they fired upon the Indigenous community.

In the course of the assault, two farmers allegedly fatally shot Maria Fátima Muniz de Andrade, known as Nega Pataxó, while Chief Nailton Pataxó Hã Hã Hãe and his stepson William sustained injuries. The Indigenous community attributed responsibility for Maria’s death to both the landowners and the Bahia Military Police, describing the incident as the result of a criminal, militia-led operation conducted by the so-called “Zero Invasion” group.

The Arns Commission and Conectas Human Rights condemned the violent attack and urged Governor Jerônimo Rodrigues of Bahia to conduct a thorough investigation.

As previously reported by the CIVICUS Monitor, in December 2023, another Pataxó Hã Hã Hãe leader was killed amid escalating violence affecting the Pataxó People due to ongoing conflicts regarding territorial rights.

Environmental activist criminalised after reporting crimes

On 5th March 2024, authorities detained environmentalist and agricultural worker Paulo Sérgio Costa de Araújo on charges of involvement in a criminal organisation after he reported Sidnei Zamora, a landowner, for environmental violations and the torture of four farmers from the Marielle Franco Community. The farmers had been documenting the illegal removal of timber from land within the community, located in the Union area. The alleged torture occurred on 28th February 2024, when assailants apprehended the farmers and subjected them to torture for approximately 40 minutes. Araújo, who had reported the incident, stated that Zamora had instigated the attack.

Authorities initially detained Araújo at the Civil Police Station of Boca do Acre and later transferred him to the Impoverished Prison Unit of Humaitá. After the transfer, Araújo’s family received threats, and his son reported that authorities had denied Araújo due process, including the right to speak at his custody hearing. Authorities held Araújo in pre-trial detention for 51 days.

The Marielle Franco Community, embroiled in an ongoing agrarian dispute with Zamora over land ownership, has faced threats and legal challenges. The National Institute of Agrarian Reform (INCRA) has confirmed that the land in question belongs to the Union, not to Zamora; however, the land regularisation process remains pending.

Despite these developments, the legal proceedings continue, with Zamora denying involvement in the alleged crimes. Zamora’s lawyer has accused Araújo and the farmers of attempting to falsely implicate his client. Meanwhile, Araújo’s family remains concerned for his safety, as the region is known for its history of violence and land-related conflicts.

Key arrests shed light on Marielle Franco’s assassination

On 24th March 2024, three Rio de Janeiro officials were arrested by Brazilian federal police, marking a pivotal moment in the investigation into the assassination of City Councilwoman Marielle Franco, killed in 2018. This recent development unveils alleged links between Rio’s political elite and local criminal militias, accused of orchestrating Franco’s murder.

The arrested perpetrators include Congressman Chiquinho Brazão, his brother, state auditor Domingos Brazão and former Civil Police Chief Rivaldo Barbosa. Reports identified the Brazão brothers as the masterminds behind Franco’s murder, with Barbosa allegedly obstructing the investigation. A Federal Police investigation, ongoing for 14 months, uncovered evidence pointing to high-level state involvement, including expert analyses linking the ammunition used in Franco's assassination to diverted federal police stocks.

The motive behind Franco’s killing may relate to her opposition to legislation legalising illegal construction by militias, according to a former militia leader, Ronnie Lessa, who has since cooperated with authorities. These militias, composed largely of ex-police officers, have wielded extensive power in Rio, reportedly involved in nearly 9,000 incidents of violence in the city since 2018.

Expression

Journalist targeted by far-right after condemning book censorship

Since 16th March 2024, Célia Musilli from Folha de Londrina has faced a surge of online attacks from right-wing extremists after publishing an article condemning the Paraná Government’s censorship of the book O Avesso da Pele. The backlash began when an extreme right-wing political figure posted a video criticising Musilli’s article, prompting a wave of personal attacks against her on social media. The North Paraná Journalists’ Union (Sindijor Norte PR) expressed its support for Musilli, condemning these attacks as an attempt by far-right groups to silence dissent and suppress critical perspectives under the guise of “freedom of expression.”

In her article, “O Avesso da Pele: PR volta ao tempo da censura aos livros,” Musilli critiqued the decision by the Paraná State Department of Education to remove O Avesso da Pele, a novel by Jeferson Tenório, from public schools. The book, which won the 2021 Jabuti Award for best novel, explores complex issues of racism and police violence. Musilli argued that removing this book, part of the National Book Programme (PNLD) and recommended for high school students, marked a backward step in literary and educational progress.

Journalists face convictions on a defamation case

In January 2024, the head of the Court of Special Courts of the District of Riachão do Jacuípe dismissed the appeal filed by journalists Ailton São Paulo and Alana Rocha, blocking the case from proceeding to the second instance. This decision upheld their February 2023 criminal convictions by the Bahian courts for defamation. São Paulo and Rocha, presenters on Rádio Gazeta FM, faced legal action from Daniela Cordeiro Nascimento, Guilherme Souza Tomasi and Ivina Adina Cordeiro Nascimento, who alleged defamation stemming from comments made by the journalists during the Gazeta Alerta programme. The court sentenced them to eight months’ detention in an open regime and imposed a fine, converted to community service, alongside R 12,000 (approximately USD 2,100) in moral damages.

The Associação Brasileira de Jornalismo Investigativo (Abraji) condemned the criminal penalties, asserting they are disproportionate and conflict with press freedom protections. While the sentence did not result in imprisonment, Abraji highlighted the harmful effects of criminalising journalistic work, arguing that it leads to self-censorship and chills free expression across the journalism community. They urged the judiciary to reconsider and allow the journalists the opportunity to appeal, defending press freedom as constitutionally protected and vital for public accountability, especially when it involves scrutiny of public officials.

Judicial persecution against journalists

On 6th February 2024, the Mato Grosso Civil Police searched and seized journalists Enock Cavalcante and Alexandre Aprá’s computers and mobile phones as part of Operation Fake News. This investigation stems from a complaint filed by Governor Mauro Mendes, who claimed that two articles published on the website Isso É Notícias—run by Aprá—damaged his reputation by insinuating an illicit relationship between him and Judge Orlando de Almeida Perri of the Mato Grosso Court of Justice (TJ-MT).

The contentious articles include a report from Repórter Brasil—which Isso É Notícias republished—and an opinion piece by Cavalcante, discussing a conflict of interest in Judge Perri's roles in the judiciary and his connection with a mining company. According to the report, Perri, a majority partner of the mining firm, has presided over cases impacting mining companies, raising concerns about his relationships with prospectors investigated for illegal mercury use.

The journalists are charged with aggravated slander, aggravated persecution and criminal association. In response, nine civil society organisations condemned the use of criminal proceedings against journalists as inconsistent with constitutional protections of press freedom, particularly in cases involving defamation claims. They argued that such measures compromise the role of the press in holding public officials accountable and pose a serious threat to freedom of expression in Brazil. A month later, the Legal Protection Programme of Abraji welcomed Alexandre Aprá in response to criminal charges initiated by the governor, and it will provide support for his legal defence.

In late February 2024, journalist Heverson Castro received a legal summons notifying him of a lawsuit filed by Senator Davi Alcolumbre (UB-AP). Alcolumbre initiated the lawsuit over an article Castro published on social media and Portal do Amapá, which reported on the senator’s involvement in the Mais Visão Programme in Macapá. Alcolumbre promoted this programme as his initiative, which later became a major public health scandal when over 100 patients contracted a fungal infection following cataract surgeries. The State Public Prosecutor’s Office subsequently called for the programme’s suspension, citing the operating company’s lack of a health licence.

Although the article had a greater impact on Amapá, Alcolumbre filed the lawsuit in the Federal District, where he also resides as a senator. He is seeking an injunction to prevent Castro from publishing further articles on the matter, along with R$ 30,000 (USD 5,200) in damages for reputational harm. The case is set for a conciliation hearing in March 2024.

Abraji strongly supported Castro, condemning the senator’s attempt to restrict press freedom—a freedom protected by the Federal Constitution. Alcolumbre has repeatedly linked himself with the Mais Visão Programme as part of his public image, making it essential for the press to scrutinise his role, particularly when the programme has caused harm to so many patients.

In early March 2024, Maceió’s mayor, João Henrique Caldas (JHC), filed a lawsuit against journalist Cadu Amaral following Amaral’s publication of a video criticising the city’s funding for the Beija-Flor Samba School parade in Rio de Janeiro. The Alagoas Journalists’ Union expressed strong solidarity with Amaral, a union member, and condemned the lawsuit as an attempt to undermine freedom of expression. Alongside the action against Amaral, reports revealed that Mayor Caldas has also initiated legal proceedings against historians Geraldo Magela and Gustavo Pessoa. Observers describe this series of lawsuits as “lawfare”—a tactic involving the use of legal proceedings to silence critical voices through lawsuits, intimidation, censorship and financial strain.

During the same period, prosecutor Fabiano Augusto Petean charged journalists Artur Rodrigues from Folha de S. Paulo and Joaquim de Carvalho from Brasil 247 with an alleged “electoral crime,” claiming they disseminated false information in their reports on a 17th October 2022 homicide in São Paulo, near a campaign event for then-gubernatorial candidate Tarcísio de Freitas. According to O Estado de S. Paulo, Petean’s charges invoke Article 323, paragraph 2, clause I of the Electoral Code, which penalises those who knowingly spread false information about candidates or parties in ways that could influence voters. This law stipulates penalties of up to a year’s detention or a fine, with increased sentences for offences committed through media or digital channels. Rodrigues and Carvalho could face up to a year and a half in prison if convicted.

On 13th March, the Union of Professional Journalists in the State of São Paulo (SJSP) and the National Federation of Journalists (FENAJ) denounced Petean’s accusations as irresponsible and legally flawed. They argued that this case endangers democratic freedoms and the essential role of journalism in a free society.

FENAJ denounces Facebook censorship

On 15th March 2024, Facebook blocked the account of FENAJ, citing a “violation of community standards” but provided no further explanation. FENAJ appealed and the account was reinstated on 19th March 2024. However, the account remains “restricted,” which limits FENAJ’s ability to post updates, impacting the thousands of journalists who rely on it for information on the federation’s activities.

FENAJ condemned the action as “private censorship by social media platforms” and asserted that such incidents, whether driven by user reports or automated moderation, unjustly penalise accounts. The organisation’s leadership highlighted the incident to support legislation for clearer social media regulation in Brazil, underscoring the need to oversee platform practices.

Significant decline in violence against journalists in 2023, but threats and intimidation persist

The National Federation of Journalists (FENAJ), in its annual report on violence against journalists and press freedom in Brazil, reported a significant decrease in violence against journalists, recording 181 cases compared to 376 in 2022—a decline of 51.86 per cent. This reduction was largely attributed to the decrease in instances of “discrediting the press” and censorship, which had surged during the Bolsonaro administration:

“During the four years Bolsonaro occupied the presidency, he was the main aggressor, personally attacking the press and encouraging his supporters to become aggressors. From 2019 to 2022, Bolsonaro conducted 570 attacks on media outlets and journalists, averaging 142.5 attacks per year — roughly one attack every two and a half days. Violence was truly institutionalised by the presidency,” said Samira de Castro, FENAJ’s president.

The report also highlighted that while direct physical aggression cases decreased, threats and intimidation remained prevalent, accounting for 42 cases (23.21 per cent). Physical assaults followed, with 40 cases (22.10 per cent). Verbal assaults totalled 27 cases (14.92 per cent). Most violence was concentrated in the southeast region of the country, with politicians identified as the primary aggressors in 24.31 per cent of the cases. Men continue to constitute the majority of victims, and journalists working in television and digital media were most frequently targeted.

Despite this positive trend, certain categories of violence, such as judicial actions restricting press freedom and attacks on workers' organisations, saw an increase. Newly categorised forms of violence, such as LGBTphobia/transphobia, were also recorded.

Likewise, the 2023 Abraji report on attacks against journalists in Brazil showed a significant decrease in recorded incidents, from 557 cases in 2022 to 330 in 2023. However, it underscored continued risks for journalists amid Brazil’s transition to a new administration following a period of political hostility under former President Bolsonaro. State agents, including political figures, were identified as primary aggressors, responsible for 55.7 per cent of incidents. The report indicated a politically charged environment where journalists often face discrediting campaigns through stigmatising discourse.

Gender-specific violence remains a concern, with attacks often targeting cisgender and transgender women through harassment, physical assault, and online abuse. While explicit gender-related violence decreased from 145 cases in 2022 to 82 in 2023, incidents of sexist, homophobic and transphobic violence persist, reflecting structural issues for women in journalism.

Additionally, the report noted an increase in civil and criminal proceedings against journalists (7.9 per cent of cases), with several instances of judicial censorship aimed at silencing coverage on sensitive subjects involving prominent political figures.

A new law enables greater media concentration

On 15th January 2024, President Luiz Inácio Lula da Silva enacted Law No. 7/2023, which amends Brazil’s 1967 broadcasting regulation, Decree-Law No. 236. The Senate passed the law on 12th December 2023, introducing changes that allow companies—including sole proprietorships—to increase the number of radio and television licences they can hold. These amendments, enacted without public debate or extensive parliamentary discussion, have raised significant concerns among civil society for media democratisation.

Critics argued that the law’s provisions may exacerbate Brazil's already high concentration of media ownership, which limits plurality and diversity, as most media outlets are controlled by a small number of private economic groups with vested interests. Observacom, a regional media observatory, highlighted the potential dangers of increased media concentration due to the relaxed ownership limits for radio and television concessions.

Diracom, a civil society organisation advocating for communication democratisation, condemned the amendments, arguing that they contradict the Brazilian Constitution, which explicitly prohibits media monopolies and oligopolies. “The movement for media democratisation has consistently called for limitations on media ownership to preserve diverse and pluralistic viewpoints,” Diracom stated. “The Constitution forbids monopolies and oligopolies and this change undermines those protections.”

Advocates for media diversity have voiced concerns that such changes threaten the democratic function of the media landscape, as they potentially consolidate power within fewer hands, reducing the range of voices and perspectives accessible to the public.

Peaceful Assembly

Nationwide protests on the first anniversary of 8th January

On 9th January 2024, mass demonstrations took place across Brazil, marking the anniversary of the 8th January 2023 anti-democratic uprising (see introduction). The commemorative protests were conducted in 13 cities beyond Brasília, where the central event was held under the leadership of President Lula. Participants voiced a strong demand for justice, with rallying calls for “no amnesty” and “never again coup.” Protesters displayed signs and banners advocating for legal accountability, some of which specifically called for “prison for Bolsonaro,” reflecting concerns about the accountability and rule of law regarding the events of 2023.

Demonstration against increased public transport fares in São Paulo

On 18th January 2024, the Movimento Passe Livre (MPL), a collective advocating for affordable and accessible public transportation, protested in São Paulo in response to recent increases in train and metro fares within the city, and the privatisation of the transport system. São Paulo, with a daily commuter population of nearly eight million, is significantly impacted by transportation cost adjustments.

The protest occurred under heightened security conditions, with a substantial police presence from various specialised units. According to local sources, São Paulo’s Tropa de Choque, Força Tática and Batalhão de Ações Especiais de Polícia (BAEP) units were deployed to monitor and manage the protest activities. Observers reported that law enforcement personnel implemented extensive crowd-control measures, encircling the protest area and restricting protester’s movements within and around the square where the gathering took place. Additionally, accounts from the scene indicated that police personnel conducted searches on people’s backpacks and mobile phones, with no specific or documented cause cited for these actions.

Media reports indicated that at least 13 young people were detained during the protest, though details regarding the circumstances and legal grounds for these arrests were not available.

First National “Marsha” for Trans Visibility

On 28th January 2024, Brazil held its inaugural National “Marsha” March for Trans Visibility, a landmark demonstration raising awareness of the rights, dignity and challenges faced by transgender people. Named after Marsha P. Johnson, a pivotal figure in transgender activism, the demonstration included cultural performances and speeches by activists and politicians.

Transgender people in Brazil endure widespread violence and discrimination. In a recent case, a 21-year-old transgender woman was discovered deceased in her home in Campo Limpo, São Paulo, in September 2023. Authorities classified the case as homicide after signs of physical assault were observed. This incident forms part of a larger pattern of violence, with Brazil recording an average of one transgender homicide every three days.

Data from the National Association of Transvestites and Transsexuals (Antra) show that between 2017 and 2023, 1,057 transgender, transvestite and non-binary people were murdered in Brazil. In 2023 alone, 145 homicides were reported, reflecting a 10 per cent increase from 2022.

Women's mobilisations across Brazil

On 8th March 2024, International Women’s Day, women organised nationwide demonstrations advocating for gender equality and addressing key social issues. Led by various popular movements, unions and civil society groups, these demonstrations took place in cities such as São Paulo, Recife and Brasília.

In São Paulo, large crowds gathered on Paulista Avenue to promote women’s rights. Protesters called for the legalisation of abortion, condemned police violence and expressed solidarity with the Palestinian cause. They also criticised privatisation policies and demanded increased funding to tackle violence against women. Luka Franca of the Unified Black Movement (MNU) highlighted the need to defend sexual and reproductive rights and address systemic violence.

In Recife, participants assembled at Treze de Maio Park, focusing on issues such as environmental racism, violence against women and opposition to privatisation. Led by student activists, unions and diverse community groups, the march included calls for abortion legalisation and protection of vulnerable communities. Meanwhile, around 300 women from the Landless Rural Workers Movement (MST) in Brasília gathered outside the Israeli embassy, advocating for a ceasefire in Gaza and drawing connections between their land rights struggle and global displacement issues.