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LUANA AND HUMBERTO

The only one´s charged under the National Secutity´s Law in 2013

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The Arrest

On October 07 (2013), after an demonstratition in solidarity with a teacher´s strike that end up with riots, a São Paulo police operation caught the media and the whole country’s attention: 20 years old Luana Lopes and 24 years old Humberto Caporalli, were arrested after the demonstration accused of violate the National Secutity´s Law: a law written during the military dictatorship to arrest who “depredate, provoke explosions or start an arson in order to promote political nonconformity and support subversive organizations”.

Luana and Humberto were photographing the demonstration and there were no evidences with them that proves their participation in the confrontatitions, only demonstration´s photos and a gas bullet capsule from the police which was found on the ground. However, it was enough to arrest, phisically and psycholocally torture them. They were arrested; were taken to jail, where they spent three days; had their homes raided and looted by police.

Caught in the act”, both were framed in Article 15 of the 1983 National Secutity´s Law which establishes a penalty of 3 to 10 years for those who practice sabotage against “military installations, media, transportation and transport routes, shipyards, ports, airports, factories, power plants, dam, deposits and other counterparts facilities”. They were also accused by qualified damage to public patrimony, incitement to crime, criminal association and crime graffiti.

The National Security´s Law (NSL) is an absurd (maybe even more than any other law) because it authorizes non-military people go to trial under a military´s court if charged. In the last instance, who will analyze their case will be a general.

Altogether, 11 people were arrested in the night of october 7, when banks were destroyed and a police car were overtuned at the downtown São Paulo in response to police brutality used against teachers strike. But only Luana and Humberto were arrested under the NSL. In the way to the police station, they heard from a policeman that they would be framed under de military legislation: “He told me ‘you guys are fucked up, do you know what is going to be? The National Security´s Law” – said Humberto. Probably the scenario was already framed, they only needed a name to carry the charges.

The Strategy of Fear

canbesureOn October 9, a judge of São Paulo´s Court of Law ruled that Luana and Humberto respond freelyas there was no blatant and they were not even recognized by police as offenders. Minister of Human Rights of the Presidency Secretariat, Maria do Rosário, also criticized the prosecution used: It is in a democratic era completely anacronic to use a law like National Security´s Law; a law which is sad memory for Brazil, reminiscent of the military dictatorship period.”

However, the persecution and psychological terror were not over. In addition to the prejudice of losing their cameras and computers used to work, both were visited again by police officers and had their homes overturned several times.

Luana has a scholarship in design studies in São Paulo and Humberto lives in the countryside of the state. They work with graffiti and art but they are facing a hard time since the employers ask for a clean rap seet.

the report of Amnesty International 2013 takes on the cover one phrase taken from an Luana and Humberto´s interview: “they use as strategy of fear”. Added the sentences, they can take 5-23 years in prison.

The “Black Block Inquiry”: Fake evidences for a Desperate State

Also on the 2013 October 9 the DEIC (Criminal Investigation Boureau of São Paulo) started an investigation to frame the black block tactics as a criminal association practice, organized nationally by a huge mafia – not as isolated acts to judge individually. What few people know is that the arrest of Luana and Humberto was the precedent and the pretext for the initiation of the investigation.

The Police and Security Bureau strategy is to qualify the crime and spread fear with stiffer penalties. Perhaps the biggest fear is the state itself and its security officers who have been threatened by the wave of protests increasingly combative since June 2013. The Police and Security Bureau strategy is to qualify the crime and spread fear with stiffer penalties. Perhaps the biggest fear is the state itself and its security officers who have been threatened by the wave of protests increasingly combative since June 2013. At the time, they wanted to intimidate any mobilization that were to disrupt the 2014 World Cup. The survey, also known as 01/2013, was taken into secrecy in coordination between Police, Securities Departments of São Paulo and Rio de Janeiro together with the Public Ministry

On February 22, 2014, at the exact moment that occurred a protest in São Paulo against the World Cup, 40 people were subpoenaed to testify in DEIC in Sao Paulo. During the investigation more than 300 people were called to testify and many social movements were being targeted by the investigation. No one knows about what is their role in the investigation, if it is the defendant or witness, which led to several protests, such as when Movimento Passe Livre members chained themselves to the gates of SP Security Bureau on May 30, 2014.

Break the Silence and Isolation

Luana e Humberto did not knew many people and were not part of any movement or organization in São Paulo and except by now, 2015, they did not have any support. In this case the State started a strategy of intimidation in order to scary all those who organize themselves and fight, but this was not enough to force they into silence and isolation. Therefore they expect that their fight to stay free could create new bonds.

Support Luana and Humberto is to show solidarity with two persons who are under the state aim but is also a struggle to resist any state´s intimidation strategies wich seeks to criminalize social movements and demonstrations itself. Overthrow the this case and the traps on LSN could help to erase the “Black Block Inquiry”, a huge step against the criminalization of social movements.

We need to find a defense to Humberto, the only one who still without a good lwayer. Humberto´s lawyer is a Advogados Ativistas (Militant Lawyers) member; a group of professional lwyers who take advantage of poor people an young fighters. He refuses to inform Humberto about his case.

Financial resources will be needed to achieve a good defense to help in the case. Visibility and all forms of support and solidarity are both key to Luana and Humberto stay out of jail, and to make the police strategy be unmasked.

To support and get more information:

website: solidariedadelibertaria.noblogs.org

e-mail:  solidariedade.libertaria@riseup.net

Solidarity For All Those Who Fight