Justice system rejects action against councilor who said dictatorship should have killed more

In a decision that has stirred considerable debate, the Paulista Justice system has dismissed a civil lawsuit against São José dos Campos city councilor Thomaz Henrique. The case stemmed from his controversial statement during a council session, where he asserted that the military dictatorship (1964-1985) should have "killed more" communists. The public prosecutor's office had argued that Henrique's remarks constituted historical revisionism and an apology for state-sanctioned killings during that period.

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We will no longer allow the left to continue writing history in Brazil. In 1964, the military prevented an ongoing communist coup. Who knows if the military government had killed more communists, more terrorists, we would have avoided what is happening today in Brazil.

However, the courts sided with the councilor's defense, invoking the principle of parliamentary immunity. The argument presented was that Henrique's statements, made within the context of a legislative session and directly related to his mandate, are protected under the Brazilian Constitution. This protection, the court found, ensures that parliamentarians can express their views without fear of reprisal for ideological disagreements, safeguarding the representative nature of their role.

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The people cannot be properly represented if their parliamentarians, official representatives of their voice, feel inhibited and cannot express themselves without the fear of being silenced or having their guarantees violated by mere ideological disagreements about what was said.

This ruling highlights a recurring tension in Brazil surrounding the legacy of the military dictatorship and the boundaries of political speech. While Henrique's comments were widely condemned by some as insensitive and dangerous, his supporters and the judicial decision emphasize the importance of free expression for elected officials, even when those expressions are provocative or unpopular. The case also touches upon the ongoing political polarization in Brazil, where historical interpretations of the dictatorship period remain a deeply divisive issue. The councilor's own defense, framing his words as a response to perceived historical narratives being pushed by the left, reflects this broader ideological conflict.

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such manifestations are covered by the prerogative of the inviolability of opinions, words, and votes.