Brazilian legislators challenge unlawful state censorship at international body

  • Senator Eduardo Girao & Members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Gilson Marques & Ricardo Salles claim violations of their free speech rights following persistent state censorship in Brazil, including 39-day ban on X (Twitter) ahead of elections. 
  • ADF International, representing legislators before the Inter-American Commission on Human Rights, petitions international body to condemn Brazilian censorship and uphold free speech.  

Left to right: Senator Eduardo Girao, Members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Ricardo Salles and Gilson Marques.

WASHINGTON, DC (20 December 2024) In light of the ongoing state-driven censorship crisis in Brazil, five Brazilian legislators, including Senator Eduardo Girao and members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Gilson Marques, and Ricardo Salles, are challenging the violations of their free speech rights before the Inter-American Commission on Human Rights, represented by ADF International.  

The Commission has jurisdiction over Brazil as a State Party to the American Convention on Human Rights. The American Convention robustly protects freedom of speech, including prohibitions on prior restraint (censoring expression before it has occurred) and special protections for political speech. Article 13 protects the “right to freedom of thought and expression” which includes “the freedom to seek, receive, and impart information and ideas of all kinds… through any other medium of one’s choice… The exercise of the right…shall not be subject to prior censorship… [and] may not be restricted by indirect methods or means, such as the abuse of government or private controls … or by any other means tending to impede the communication and circulation of ideas and opinions. 

The legislators claim violations of their rights under the Convention, including their freedom of expression and the equal protection of the law, as a result of escalating state censorship, dating back to 2019, which recently reached a head with the X (formerly known as “Twitter”) ban.  

In their legal challenge now filed with the Commission, the legislators note that state-sponsored censorship, including the 39-day ban of X, is “disproportionate and of dubious legal basis” and “has affected the conventional rights of the Victims in a direct, particular, and serious way.” 

The petition goes on to say that the country’s X blockade “violated the rights of more than twenty million people in Brazil who are users of the platform, having prevented them from accessing the dissemination and reception of information during that time.” 

Julio Pohl, ADF International’s lead legal counsel on the case, stated: “The world watched as Brazilian authorities blatantly clamped down on the free speech rights of over 20 million Brazilians by shutting down X ahead of the national elections. While the ban was eventually lifted, the fact remains that millions of Brazilians, including the five legislators now taking their case to the Inter-American Commission on Human Rights, were subjected to unlawful censorship during a critical time in their country. Censorship has no place in a free society, and it’s time for the Commission to intervene and condemn the vast and ongoing violations of free speech being perpetrated by Brazilian authorities.” 

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Julio Pohl & Marcel van Hattem

Marcel van Hattem, member of the Chamber of Deputies for Brazil and one of the legislators who filed the petition, commented:  

“What we have seen time and again in Brazil is an egregious silencing of political voices, citizens, journalists, or anyone else who might share different viewpoints from Judge Alexandre de Moraes or others in control. This is a major violation of all Brazilians’ free speech and expression rights. We can’t afford to lose Brazil to authoritarianism, which is why I am taking my case to the international level with the help of ADF International. These attempts to silence and censor cannot be allowed to stand.”  

Eduardo Girao, Senator for Brazil and party to the petition, stated:  

“Brazil is facing a very serious censorship problem. While our constitution protects our rights to speak and express ourselves freely as citizens of Brazil, Brazilians throughout the country are afraid to share their beliefs for fear of persecution and punishment. We must push back against censorship in our country, and it is my hope that the Inter-American Commission on Human Rights will fulfill its obligation to condemn the human rights violations that are taking place in our country.”  

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Julio Pohl & Eduardo Girao

State-sponsored censorship 

Censorship in Brazil has been a persistent and escalating problem in Brazil since 2019. The state has targeted conservative voices, including blocking pro-life messages during the 2022 election campaign, which contained views contrary to the pro-abortion position held by then-candidate Lula da Silva.   

On 30 August 2024, Justice Alexandre de Moraes of the Brazilian Supreme Court ordered the “immediate, complete and total suspension of X’s operations” in the country after the platform refused to comply with government orders to shut down accounts which it had singled out for censorship.  The ban was in effect for 39 days. 

ADF International petitioned the Commission to urgently intervene, stating, “The blocking of X in the country is symptomatic of an endemic problem…it has dragged on for more than six years and has caused real damage to Brazilian democracy, producing a chilling effect on the majority of the population who, according to recent surveys, are afraid to express their opinions in public.” 

Elon Musk thanked ADF International for its intervention.  

In September, over 100 global free speech advocates – including former UK Prime Minister Liz Truss, journalist Michael Shellenberger, five US Attorneys General and Senior UK, US, European and Latin American politicians and professors united in an open letter to call for free speech to be restored in Brazil. 

Even with the lifting of the X ban, the state of censorship in Brazil remains severe. 

Left to right: ADF International legal counsel Julio Pohl, Chamber of Deputies member Marcel van Hattem, Senator Eduardo Girao, & ADF International Director of Advocacy for Latin America, Tomás Henríquez

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WIN: Brazilian Supreme Court unanimously rejects attempt to ban religious symbols from public buildings

  • Win for religious freedom as country’s highest court rejected attempt to ban religious symbols such as crucifixes from public spaces on the basis of “hurt emotions”  

  • ADF International submitted a “friend of the court” legal brief which was cited in the court’s reasoning

Brasília (28 November 2024) – The Brazilian Supreme Court (STF) this week unanimously voted to allow religious symbols in public spaces, in line with a legal brief filed by ADF International.

All 11 justices of the country’s highest court affirmed that displaying symbols such as crucifixes and images in public spaces does not conflict with the secular nature of the Brazilian state.

The plaintiff in the case had argued that removal of the symbols was necessary to protect religious freedom and that the symbols can cause emotional hurt.

A legal brief, known as an amicus brief, submitted by faith-based legal advocacy organisation ADF International, was considered by the court and directly cited as part of the concurring opinions.

Justice Alexandre de Moraes wrote: “It is also worth noting the lengthy statement submitted by ADF INTERNATIONAL… in which it demonstrates the real direction of the international courts’ statements on the matter, exactly along the lines proposed by the Honorable Rapporteur, that symbols in public spaces are allowed, as long as they do not go beyond the manifestation of the country’s history, culture and tradition.

“By the way, it is important to emphasize the correctness of the thesis of the judgment insofar as it associates the display of such symbols with the ‘objective of manifesting the cultural tradition of Brazilian society’.”

Tomás Henríquez, Director of Advocacy for Latin America & the Caribbean for ADF International, reacted to the decision: “This ruling is a resounding victory for religious freedom in Brazil. ‘Hurt emotions’ are no justification for banning religious symbols.

“We welcome this decision and commend the court for so clearly upholding religious freedom.”

In its expert legal brief, ADF International argued that any principle of “state neutrality” should not amount to hostility towards Christianity. Additionally, it demonstrated the relevance of the social, cultural, and historical context of Christianity in Brazil.

Finally, it reasoned that the law does not protect the “hurt emotions” the plaintiff alleged he experienced due to the presence of religious symbols in public places.

The decision has similarities to a case decided by the Grand Chamber of the European Court of Human Rights in 2011. In Lautsi v. Italy, the Grand Chamber ruled that Italy was within its rights under the Convention to allow the display of crosses in classrooms.

In that case, ADF International was given permission to provide legal expertise, submitting arguments on behalf of 33 Members of the European Parliament, representing 11 different nations.

Background

The Brazilian case stemmed from a Brazilian citizen who issued a complaint to the Federal Public Ministry (FPM), Brazil’s Public Prosecutor’s Office, alleging he suffered “hurt emotions” due to the presence of religious symbols in public buildings.

The FPM filed a civil action against the Brazilian Federal Union, requesting that all religious symbols be removed from Federal and State of São Paulo buildings.

The FPM argued it was seeking to promote and protect the religious freedom of all citizens who entered public offices across Brazil and that displaying religious symbols and images in public spaces violated the principle of non-discrimination.

The lawsuit was dismissed by both the trial and appeals court. The FPM filed an extraordinary appeal before the appellate court, which was not admitted.

The FPM then filed an extraordinary appeal before the STF, resulting in the latest ruling that upholds religious freedom. This decision binds all state and federal public entities in Brazil.

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PICTURED: Tomás Henríquez, ADF International’s Director of Advocacy for Latin America & the Caribbean

𝕏 back online in Brazil after a 39-day blockade

  • Justice Alexandre De Moraes lifts ban on social media platform following conclusion of national elections
  • Brazilians prevented from engaging in online conversations during election period
  • ADF International, who have filed petition before Inter-American Commission on Human Rights, highlight a “breach of human rights”

Brasília (8 October 2024) – After a 39-day blockade, social media platform “𝕏” is back online in Brazil.

Justice Alexandre De Moraes, who controversially banned the platform in August, has lifted the blockade following the conclusion of national elections.

The stated objection of the ban was to prevent “misinformation” and “hate speech” ahead of the election. Free speech advocates at ADF International described the censorship of Brazilians as “a breach of human rights”.

ADF International has filed a petition before the Inter-American Commission on Human Rights in relation to the social media ban, representing five Brazilian legislators who were obstructed from communicating with their audience of millions ahead of a national election.

The legislators – Senator Eduardo Girao & Members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Gilson Marques & Ricardo Salles – claim severe violations of their free speech rights from persistent state censorship, dating back to 2019, reaching a head with the 𝕏 ban.

In September, over 100 global free speech advocates – including UK Prime Minister Liz Truss, journalist Michael Shellenberger, five US Attorneys General and Senior UK, US, European and Latin American politicians and professors united in an open letter to call for free speech to be restored in Brazil.

Reacting to the end of the 39-day blockade, Tomas Henriquez, ADF International's Director of Advocacy for Latin America said:

“That people can freely exchange ideas is a good thing. In that sense, that X is back online in Brazil is good, though let’s not forget that de Moraes’s demands were and remain unlawful.

“De Moraes is only now agreeing to lift the blockade, after the elections are over. Censorship has been a persistent and escalating problem in Brazil since 2019. We will continue to make the case that the actions of De Moraes and the greater climate of censorship are unacceptable, until the day that freedom of expression and information are once again secured for all in Brazil.”

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PICTURED: Tomas Henriquez, ADF International’s Director of Advocacy, Latin America

Liz Truss, Michael Shellenberger, join over 100 free speech champions in condemning ban on “X” in Brazil 

  • International journalists, politicians and thought-leaders sign open letter to Brazilian congress: “Freedom of expression is not negotiable” 
  • Five Attorneys General, Lord David Frost, Eva Vlaardingerbroek, David Starkey CBE, Rod Dreher, Babylon Bee’s Seth Dillon, Senior UK, US, European and Latin American politicians and professors unite to call for ban on “X” to be overturned 

(12 September 2024) – Former British Prime Minister Liz Truss, “Twitter Files” journalist Michael Shellenberger and over 100 international free speech advocates have joined an open letter condemning the suspension of “X” in Brazil in an open letter to the Brazilian congress.

The letter, signed by five US Attorneys General, three members of the UK House of Lords, Daily Wire’s Megan Basham, bestselling author Rod Dreher, podcaster Tammy Peterson, “Babylon Bee” CEO Seth Dillon, X “Spaces” host Mario Nawfal, former US Senator Sam Brownback, and leading academics including Princeton’s Dr. Robert P. George, emphasizes the importance of free speech following a severe censorial crackdown in Brazil. 

"Under the guise of promoting democracy, and despite growing backlash from home and abroad, Brazilian authorities have created the most oppressive culture of censorship in the western hemisphere."

The letter describes the shutdown of “X”, purchased by Elon Musk in 2022, throughout the country as “a dangerous escalation” of the “troubling trend of global censorship of speech.” 

Addressed to the Brazilian Congress, the letter continues: 

There is no quicker path to the demise of democracy than the erosion of free speech. 

We urge the Brazilian government to restore the free flow of information, and respect the rights of its citizens to express their views without fear of retribution.” 

A violation of human rights

The initiative was coordinated by legal advocacy group ADF International, which has also written to the Inter-American Commission on Human Rights (which has jurisdiction over Brazil under the American Convention on Human Rights) to demand its urgent intervention against the violation of free speech. 

The censorship crisis in Brazil reached a peak on Friday 30th August, when Justice Alexandre de Moraes of the Brazilian Supreme Court ordered the “immediate, complete and total suspension of X’s operations” in the country after the platform refused to comply with government orders to shut down accounts that it had singled out for censorship.   

The decision threatened a daily fine of R$50,000 (£6,800 / almost $9,000) on individuals and companies that attempt to continue using X via a virtual private network (VPN).  

The same Justice also has issued an order to freeze the assets of the company Starlink, a satellite internet provider. The company is a subsidiary of SpaceX, an entirely different company with different shareholders, following X’s refusal to comply with the censorship orders.

"If Brazil is allowed to continue in this authoritarian vein, other countries across the West could likely follow in its footsteps."

Free speech is "not a privilege"

The letter, demanding the immediate restoration of free speech in Brazil, attracted signatures from sports star and advocate Riley Gaines, journalists Andy Ngo and Melissa Chen, public intellectuals Dr. Peter Boghossian and Ayaan Hirsi Ali, childrens’ rights campaigner Chris Elston (“Billboard Chris”), and historian David Starkey.  

Concluding, the letter reads: “Freedom of expression is not negotiable, nor is it a privilege – it is the cornerstone of every democratic society. We must defend it whenever it is under threat, whether in Brazil or anywhere else in the world.” 

Michael Shellenberger, the author and journalist behind “The Twitter Files,” signed the letter, having been targeted for criminal investigation for reporting on the censorship efforts of Brazilian courts. 

Paul Coleman, Executive Director of ADF International, which coordinated the open letter, said: 

“The state of censorship in Brazil is severe and worsening to an extreme degree, positioning the country among the worst for restrictions on speech in the Americas. Every Brazilian has the fundamental human right to free speech. What Brazilian authorities are doing is directly in violation of both Brazilian and international law, and the global community must hold them accountable.   

If Brazil is allowed to continue in this authoritarian vein, other countries across the West could likely follow in its footsteps, imposing draconian orders to silence speech and banning digital meeting places. It is imperative that we use our voices to speak up for free expression while we have still have the freedom to do so.”  

Commenting on the censorial clampdown, Shellenberger said: 

I am being criminally investigated by Brazilian authorities for exposing their attempts to censor. Brazil has reached a crisis point where a lone Supreme Court judge could wield his authority to shut down X in the country.    

Under the guise of promoting democracy, and despite growing backlash from home and abroad, Brazilian authorities have created the most oppressive culture of censorship in the western hemisphere. It’s not only bad policy and bad politics, it’s a blatant violation of basic human rights for authorities to ban the speech of their own citizens. It’s inconceivable that human beings should be censored and silenced by other human beings simply because they disagree with their speech.” 

In May, Marcel van Hattem, member of the Chamber of Deputies for Brazil, also commented on the censorship taking place:

“The attempts by Judge Alexandre de Moraes to censor and silence the people of Brazil simply cannot stand. Our constitution specifically prohibits all censorship and guarantees the right to freedom of expression; these are not only constitutionally-protected rights, but basic, human rights that should be guaranteed and preserved for all Brazilians. Censorship has no place in a free society, and I implore all who are able to join me in vehemently opposing these kinds of restrictions.” 

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Pictured: Paul Coleman, Michael Shellenberger

Brazil, Elon Musk, X, and Censorship: What You Need to Know

freedom of speech is universal

The Brazilian Supreme Court blatantly violated free speech rights by banning X after the company’s chairman, Elon Musk, declined to censor disfavored views.

This story originally appeared in Alliance Defending Freedom on 6 September 2024

When Elon Musk bought Twitter (now known as X) in 2022, he did so with the stated purpose of restoring free speech on a platform that had been credibly accused of censoring disfavored views. And no matter whether one agrees with everything Musk has said or done since then, it is clear he has taken meaningful steps toward achieving that goal.

Unfortunately, many in the United States and around the world have opposed Musk’s attempt to advance free speech. This opposition has become painfully apparent in Brazil, where the country’s highest court is engaging in blatant and unacceptable censorship against Musk and X.

Brazil’s highest court violates free speech rights

In 2019, the Brazilian Supreme Court gave itself the power to carry out criminal investigations into “fake news,” defamation, slander, and threats against the honor of the Court. This was a dangerous abuse of power, and the consequences of such a draconian measure have now been laid bare.

Fast forward five years, and Brazilian Supreme Court Justice Alexandre de Moraes and Musk have been engaged in a dispute stemming from de Moraes’s demands that X censor messages the justice disfavors. On Aug. 28, 2024, de Moraes gave Musk 24 hours to name a legal representative for X in Brazil.

Musk declined to name a representative because Brazil had threatened the previous representative with jail time. On Aug. 30, de Moraes officially suspended X nationwide in Brazil. In addition, he froze the bank accounts of Starlink, another company partially owned by Musk that provides internet via satellite.

In his order suspending X, de Moraes said the platform presented a “real danger” of “negatively influencing the electorate in 2024, with massive misinformation, with the aim of unbalancing the electoral result, based on hate campaigns in the digital age, to favor extremist populist groups.”

In other words, the suspension was not solely motivated by X’s lack of legal representation. It was motivated, at least in part, by de Moraes’s fears that allowing certain speech on X might lead to an electoral result he personally would not like.

Despite de Moraes’s clear violation of free speech, the full Brazilian Supreme Court upheld the order on Sept. 2. Under the ruling, Brazilians who attempt to access X using a VPN will face a fine of around $9,000.

Supreme Court order flouted multiple laws

It takes only a basic understanding of free speech to see the major problems with this order. Once the government begins censoring or pressuring others to censor messages based on vague criteria and subjective terms like “misinformation,” it opens the door to widespread suppression of any views the government doesn’t like.

For this reason, national and international law protect free speech in Brazil, and the Brazilian Supreme Court clearly violated both.

First, Article 13 of the American Convention on Human Rights states, “Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one’s choice.”

X is certainly a medium through which many Brazilians wish to express, think about, and discuss ideas. Recent estimates prior to the shutdown said roughly 40 million Brazilians use the social platform. By suspending X because it refused to censor information that they disliked, de Moraes and the rest of the court violated those users’ rights to engage in free expression on the platform.

In addition, Article 220 of the Brazilian Constitution states that “any and all censorship of a political, ideological, and artistic nature is forbidden.” But given de Moraes’s reasoning that X could “negatively” affect elections in 2024 to “favor extremist populist groups,” it’s hard to read the justice’s order as anything other than censorship of a political and ideological nature.

Brazilians, just like Americans, have the fundamental right to free speech, which is why ADF International did not sit idly by when the Brazilian Supreme Court issued its dangerous decision.

ADF International takes action

Following the illegal order, ADF International worked around the clock to respond. Within 24 hours, attorneys submitted a petition asking the Inter-American Commission on Human Rights (which has jurisdiction over Brazil) to intervene and defend free speech.

“The state of censorship in Brazil is severe and worsening to an extreme degree, positioning the country as among the worst for restrictions on speech in the Americas,” said Tomás Henriquez, ADF International’s Director of Legal Advocacy for Latin America. “Intervention by the Inter-American Commission on Human Rights is key because without free speech, all human rights are jeopardized.”

Musk himself even thanked ADF International for the quick and important work to defend free speech.

While Brazilian officials may claim to protect democracy, they are actually undermining it by manipulating what information citizens can share and access. Free speech is a fundamental right for all people worldwide, and we must continue defending it when it comes under attack.

Top human rights body called on to intervene against Brazil’s “extreme” censorship of “X”

  • Social media platform “X” suspended from use in Brazil in unprecedented state clampdown on free speech  
  • ADF International calls on Inter-American Commission on Human Rights to intervene

WASHINGTON, DC (2 September 2024) In light of the unfolding censorship crisis in Brazil, legal advocacy organization ADF International has called on the Inter-American Commission on Human Rights to urgently intervene to protect freedom of speech. 

“The state of censorship in Brazil is severe and worsening to an extreme degree, positioning the country as among the worst for restrictions on speech in the Americas."

On Friday, Justice Alexandre de Moraes of the Brazilian Supreme Court ordered the “immediate, complete and total suspension of X’s operations” in the country after the platform refused to comply with government orders to shut down accounts which it had singled out for censorship.  

The decision imposes a daily fine of R$50,000 (£6,800 / almost $9,000) on individuals and companies that attempt to continue using X via a virtual private network (VPN). 

The same Justice has also issued an order to freeze the assets of the company Starlink, a satellite internet provider. The company is a subsidiary of SpaceX, an entirely different company in which Elon Musk is a minority shareholder, following X’s refusal to comply with the censorship orders.

On Monday 2 September, the Brazilian Supreme Court upheld the decision to ban “X” nationwide, further suspending the right to free speech online. 

Appealing to the Inter-American Commission on Human Rights to uphold freedom of expression, lawyers from free speech-supporting legal advocacy group ADF International petitioned the body – which has jurisdiction over Brazil under the American Convention on Human Rights– to intervene in the “dire” situation: 

The blocking of X in the country is symptomatic of an endemic problem…it has dragged on for more than six years and has caused real damage to Brazilian democracy, producing a chilling effect on the majority of the population who, according to recent surveys, are afraid to express their opinions in public.” 

Musk thanked ADF International for its intervention. 

Read the full letter to the Commission here.  

State censorship of so-called “populist” views

The orders to censor online content are based on a pretext of combatting disinformation and fake news. Based on this pretext, the state has targeted conservative voices for censorship, including blocking pro-life messages during the 2022 election campaign, which contained a message contrary to the pro-abortion position held by then-candidate Lula da Silva.   

"Under the guise of promoting democracy, and despite growing backlash from home and abroad, Brazilian authorities have created the most oppressive culture of censorship in the western hemisphere.

Other targeted speech included repudiations of the Nicaraguan government’s suppression of religious freedom and the concern it could happen in Brazil, and criticism of Lula’s promotion of sexually explicit content in school curricula. 

“The most oppressive culture of censorship in the West”

Various journalists and public figures including journalist, Paulo Figueiredo, and bestselling American author, Michael Shellenberger, have already been targeted with secret criminal investigations for reporting on the authoritarian drift of the Brazilian courts and their censorship efforts.   

Tomás Henriquez, ADF International’s Director of Legal Advocacy for Latin America, stated: 

The state of censorship in Brazil is severe and worsening to an extreme degree, positioning the country as among the worst for restrictions on speech in the Americas. Intervention by the Inter-American Commission on Human Rights is key because without free speech, all human rights are jeopardized. We are particularly concerned that the Brazilian state is targeting Christian expression, including pro-life views and other faith-based speech.”

Michael Shellenberger, founder of Public, author, and professor, stated:

“I am being criminally investigated by Brazilian authorities for exposing their attempts to censor. Brazil has reached a crisis point where a lone Supreme Court judge could wield his authority to shut down X in the country.   

Under the guise of promoting democracy, and despite growing backlash from home and abroad, Brazilian authorities have created the most oppressive culture of censorship in the western hemisphere. It’s not only bad policy and bad politics, it’s a blatant violation of basic human rights for authorities to ban the speech of their own citizens. It’s inconceivable that human beings should be censored and silenced by other human beings simply because they disagree with their speech. As the situation continues to deteriorate, my hope is that the Inter-American Commission on Human Rights will intervene rapidly in defense of the right of all to speak freely in Brazil”.  

Marcel van Hattem, member of the Chamber of Deputies for Brazil, said:

“The attempts by Judge Alexandre de Moraes to censor and silence the people of Brazil simply cannot stand. Our constitution specifically prohibits all censorship and guarantees the right to freedom of expression; these are not only constitutionally-protected rights, but basic, human rights that should be guaranteed and preserved for all Brazilians. Censorship has no place in a free society, and I implore all who are able to join me in vehemently opposing these kinds of restrictions.”   

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Pictured: Michael Shellenberger; Tomás Henriquez