Public Manifestations In Pandemic Times: Covid-19’s Effect On Infra-Constitutional Positivation Of Freedom Of Assembly

Abstract

This work approaches the attempts of infra-constitutional regulation of freedom of assembly in Brazil during covid-19 pandemic. It provides a situation analysis, with basis on sanitary crisis and political-ideological fights, and focus on Federal Legislative performance. The objective is to verify if coronavirus risks have motivated the submission of propositions for establishing rules or limits for the exercise of freedom of assembly. The work has grounds in qualitative research, using public data, and is divided in four parts. In first one, there is a discussion about the concept, the rules and the scope of the freedom of assembly. The second section approaches the responses given by Executive and Judiciary for public acts in the second quarter of 2020, in view of pandemic and some protests’ anti-democratic content. In third section, we realize a survey and an analysis of recent legislative proposals about freedom of assembly and their reasons, to solving the problem related to covid-19’s influence. Eventually, we discuss the solutions indicated by the three powers in light of the effectiveness and the content of that right, as well as the limitations to restrict it. We refute the hypothesis that covid-19 pandemic encourages attempts of freedom of assembly’s infra-constitutional regulation. As a rule, legislative proposals are motivated by political-ideological issues.