DEFINING TERRORISM IN BRAZIL: THE LEGAL OMISSION OF POLITICAL MOTIVATION AND ITS CONSEQUENCES

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25Mar_Albergaria Silva_Henrique.pdf (2.8 MB)
Authors
Albergaria Silva, Henrique
Subjects
terrorism
definition
law
political motivation
Advisors
Dahl, Erik J.
Date of Issue
2025-03
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Monterey, CA; Naval Postgraduate School
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Abstract
This thesis examines the exclusion of political motivation from Brazil’s legal definition of terrorism, as codified in Law 13,260/2016. While global definitions widely recognize political violence as a core element, Brazil’s legal system omits it. This study investigates the historical, legal, and legislative factors behind this omission, particularly the military dictatorship’s enduring impact. Under the pretext of safeguarding national security, the regime labeled political opposition as terrorism to justify repression, fostering legal and societal caution against limitations on civil and social liberties. Through an analysis of legislative debates and case studies—including the 2022 Brasília Airport bombing, the January 8, 2023, government building attacks, and the 2024 Supreme Court bombing—this research demonstrates how this exclusion has led to the misclassification of politically motivated violence as ordinary crimes. This misalignment with international standards weakens legal deterrence, reduces prosecutorial effectiveness, and creates vulnerabilities for democratic institutions. While intended to protect civil liberties and prevent state overreach, this study argues that the omission now undermines Brazil’s ability to address emerging threats of political extremism. The thesis concludes by recommending legislative reforms that align Brazil’s counterterrorism framework with global standards while preserving constitutional protections for political expression.
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Thesis
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https://hdl.handle.net/10945/73611
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Distribution Statement A. Approved for public release: Distribution is unlimited.
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