O Institutional Act No. 5 was published on December 13, 1968, signed by President Costa e Silva and marked the hardest phase of the period of military dictatorship in Brazil.
The trigger for AI-5 was the proposal to boycott the military by Deputy Márcio Moreira Alves (1936-2009).
AI-5 Summary
With the enactment of AI-5, the president acquired powers such as:
- to cancel legislative, executive, federal, state and municipal mandates;
- suspend the political rights of citizens, dismiss, remove, retire civil and military employees;
- dismiss and remove judges;
- decree a state of siege without restrictions to the country;
- confiscate assets to punish corruption;
- legislate by decree and download other complementary institutional acts.
With regard to the rights of ordinary citizens, the AI-5 violated the most elementary civil guarantees. Let's see:
- the government withdrew the right to habeas corpus (provisional freedom while responding to trial) to those accused of crimes against national security;
- the accused started to be tried by military courts without the right to appeal.
On the same day of publication of the act, the president Arthur da Costa e Silva closed the National Congress, legislative assemblies and municipal chambers.
Likewise, he put the police and the armed forces on standby.
Consequences of AI-5
With the enactment of AI-5, the most repressive period of the Brazilian dictatorship began, known as years of lead.
Resistance to the dictatorship increased and began to incorporate students and members of the middle class. In addition to the repression, the military failed to provide the responses demanded by society to the economic crisis that was the basis for the coup.
Workers began to call demonstrations against the devaluation of wages in acts harshly repressed by the police.
Several opposition movements were put underground. Furthermore, some chose the path of violence to fight the dictatorship by kidnapping diplomats, robbery of banks, etc.
The reactions started to be carried out by the armed guerrillas, such as the VPR (Popular Revolutionary Vanguard) and the ALN (National Liberation Action). In the 70s, there was an attempt to raise the rural environment through the Araguaia Guerrilla.
AI-5 would only be revoked in the government of Ernesto geisel, as he judged that Brazil was free from the 'communist danger'.
Institutional Acts
Institutional Act No. 5 integrates the set of measures applied by the government during the Brazilian military dictatorship.
The Brazilian dictatorial regime used these decree-laws, the 1967 Constitution and strong repression of its opponents to guarantee its permanence in power.
Institutional Acts were laws elaborated by the Executive Power that were above other laws and norms. Supported by the National Security Council, the Brazilian dictatorship decreed 17 institutional acts.
Let's look at the first four:
Institutional Act No. 1
The first Institutional Act of the military government was enacted on April 9, 1964, when the National Congress was summoned to elect a new president. At the time the general was elected Humberto Castelo Branco.
This Institutional Act granted broad powers to the Executive to decree a State of Siege and suspend the political rights of citizens for up to ten years.
It also allowed the president to revoke political mandates, suspend constitutional guarantees, fire, dismiss, reform or transfer public servants.
Likewise, with this law, the mandates of 41 deputies were revoked.
Institutional Act No. 2
The actions of the military led to popular reactions, mainly through the popular vote. In elections for governor, held in 1965, government candidates were defeated in 11 states.
The government reacted by downloading Institutional Act No. 2 on October 27, where it was determined that the presidential election would become indirect.
Political parties were also abolished. In this context, the creation of two parties was determined, the Arena (National Renewal Alliance), with government support, and the MDB (Brazilian Democratic Movement), which formed the opposition.
For its part, the judgments of civilians were transferred to the Military Justice.
Institutional Act No. 3
Dated February 1966, it mandated that gubernatorial elections be indirect.
Institutional Act No. 4
In 1966, General Costa e Silva was elected president and the 1946 Constitution was revoked.
Through Institutional Act No. 4, on January 24, 1967, a commission was convened to prepare a new constitutional text and grant it. The Magna Carta came into force in March 1967, when Costa e Silva took office.
Curiosities
- Among the main highlights for the record of the AI-5 edition is the December 14, 1968 edition of Jornal do Brasil. That day, despite the summer, the weather forecast indicated: “Dark time. Stifling temperature. The air is unbreathable. The country is being swept by strong winds".
- Various professionals such as university professors Florestan Fernandes and Fernando Henrique Cardoso were compulsorily retired with AI-5.
Also read:
- Direct now
- economic miracle
- Songs from the Military Dictatorship
- Dilma Rousseff
- Condor Operation
- Questions about the Military Dictatorship
