A state of siege is a state of exception, established as a State provisional protection measure, when it is under a certain threat, such as a war or a public calamity. This exceptional situation has some similarities to the state of emergency, because it also implies the suspension of the exercise of rights, freedoms and guarantees.
The state of siege is declared by the President of the Republic, after hearing the opinion of the Council of Republic and the National Defense Council, requesting the latter for authorization to establish such regime. This can happen in the case of confirmed or imminent aggression by foreign forces, or in the case of serious threat or disturbance of the order established by the Constitution.
When the state of siege is in effect, the legislative and judiciary branches are transferred to the executive branch, as a way of protecting public order. Thus, the State is able to reduce some of its citizens' freedoms. Some of the restrictions may be: suspension of the right to freedom of assembly, some individuals may be forced to remain in a certain place, goods may be requested, intervention in service companies public. However, the Government cannot interfere with the right to life, personal integrity, civil capacity, citizenship, freedom of religion, etc.
The state of siege cannot last more than 30 days, however, in the event of a war, this measure can be extended for the duration of the armed conflict. The extension of this measure must be approved with an absolute majority by the National Congress.
See also:meaning of the state of exception.
State of Siege in the Vargas Era
In the second term of President Getúlio Vargas, during the constitutional government, the state of siege was declared, after revolts created by communist elements with the help of the ANL (National Alliance Liberating).
The state of siege emerged as a form of defense against the communist movement, and with this measure, Getúlio Vargas increased his powers, managing to create the so-called Estado Novo, which was in force from 1937 to 1945.
State of siege and State of defense
A state of siege and a state of defense are two types of states of exception, both of which can be decreed by the President of the Republic. However, on many occasions, the state of siege is implemented when the defense state has not been able to neutralize the threats.
The state of siege is a more extreme measure, which in cases of war can be prolonged indefinitely, which is not the case in the case of the state of defense. The state of defense cannot last more than 30 days, and its extension can only happen once, for a period not exceeding 30 days.
Learn more about meaning of the State of Defense.