Singer Bebel Gilberto became one of the most talked-about subjects on social media after a video showing the artist stepping on the Brazilian flag went viral on the internet.
The daughter of João Gilberto was performing in San Francisco, California, when she received a Brazilian flag from someone in the audience. She throws the object on the ground, steps on it as if she were samba dancing, and says: “I don’t like doing this because I’m not Bolsonaro.”
Shortly after, the singer apologized for the act, which she described as thoughtless. “I apologize. I’m sorry, Brazil. As a Brazilian, how could I have done this? It was an act of irresponsibility,” she said in English.
However, the act was heavily criticized online. In addition to being called a “false patriot” and other adjectives, Bebel was also labeled a criminal. Is that so?
According to the Brazilian Constitution, the violation of a national symbol is not considered a crime, but rather a misdemeanor. Under Law No. 5,700 of 1971, the singer could be sued and, if convicted, would have to pay a fine that could reach R$ 4,400. Brazil does not provide for prison sentences in such cases.
But it hasn’t always been this way. Article 44 of Decree-Law 898 of 1969 stated that anyone who destroyed or insulted the flag could be punished with detention for two to four years. The decree was revoked in 1978 during Geisel’s government.
After the incident, a PL deputy, Carla Zambelli, declared her intention to revive the article revoked by Geisel by drafting a similar bill. According to her, acts against national symbols should be punished with criminal responsibility and imprisonment without bail.
And in the USA?
What would happen to the Brazilian singer if she had done the same with the American flag?
In the United States, there is a code of conduct (The U.S. Flag Code), officially adopted in 1942, that lists what can and cannot be done with the American flag. Clearly, stepping on, defacing, burning, or even keeping the flag on the ground are acts that should not be done. However, doing so does not constitute a crime. In 1989, the U.S. Supreme Court ruled that flag protection laws violate the right to freedom of expression. Thus, the Code today remains more of a tradition than a law.