An interesting debate on “Escraches” is being generated and developed. Intense and enriching controversy. Fortunately, the debate has been limited and focussed: what is at issue is not the “escrache”, but a concrete manifestation of it. Although some say that violence is unbearable and that it is a fascist method, I would say that most see it differently and that, furthermore, there are profound legal reasons to affirm the legitimacy of the “escrache”.

The “Escrache” is an instrument of claim and denunciation. We should therefore discuss the reason for some unfair situations and the injustice that many people are suffering: this view should not be lost, although we all know that the objective does not justify the means.

Today, we are given the right to make public any claim in the Spanish Constitution and in the Charter of Fundamental Rights of the European Union, among others. The right to demonstrate is a projection of freedom of expression in order to dispel ideas, interests, problems and demands. It is therefore a form of participation in a democratic state. “Escraches” are the way to give effect to the right to demonstrate and have the only particularity of the place where it is carried out, normally around the workplace or house of a political representative. For, however, the right to manifest itself supports this attitude if the “crache” is made peacefully. And let us not confuse “peace” with “comfort.” The “escraches”, like any other manifestation, take place in public spaces, which always generates annoyance. In the “Escrache”, moreover, as is done around the house of the elected public office, these impediments extend to this person, his family and his neighbors and neighbors. But this also does not delegitimize the “escrache”.

It is not possible to criminalise or prohibit “escrache” or to restrict it in a general way. The “Escrache” has no more limits than insult, threat and violence: in these cases it would be a basic abuse of rights that, in most cases, we could describe as different crimes under the Penal Code. But rights and their abuse must not be confused: they must be analysed on a case-by-case basis and not all “craches” can be banned or restricted beforehand.

Because fundamental rights are also limited, of course, in order to protect the rights and freedoms of others. In this case, do “Escraches” damage other fundamental rights? In general, beyond the limits mentioned above, I would say no. On the one hand, it cannot be said that they restrict the freedom of public office: this elected public office has taken over the representation of the people and must therefore also take over the opinions, criticisms and complaints that the citizens have expressed privately or publicly. On the other hand, the “escrache” does not violate its honor if insults or slander are not disseminated, because they are petitions linked to the political responsibility of this public office. Finally, their intimacy is not in doubt either, since the political opinions and decisions of the public office can be valued by the citizens and these demonstrations take place on the street.

And is it lawful to set limits to the “Escraches”? The High Court of Justice of the Basque Country has decided this in a specific case, but that does not violate the right to demonstrate, demand and the possibility of public complaint.