The Chamber of Deputies approved this Wednesday (7) a proposal that includes aggravating factors for the crime of racial injury, whose penalty is increased from 1 to 3 years of imprisonment to 2 to 5 years. The proposal will go to presidential sanction.
Although since 1989 the legislation has typified crimes resulting from discrimination or prejudice based on race, color, ethnicity, religion or national origin, the insult remains typified only in the Penal Code.
Thus, the penalty of 1 to 3 years of imprisonment continues for injuries related to religion or to being an elderly or disabled person, increasing to 2 to 5 years in cases related to race, color, ethnicity or national origin.
Another novelty in the proposed wording is that all crimes provided for in this law will have penalties increased from 1/3 to half when they occur in context or with the intention of relaxation, fun or recreation.
In interpreting the law, the judge must consider as discriminatory any attitude or treatment given to the person or to minority groups that causes embarrassment, humiliation, shame, fear or undue exposure and that usually would not be applied to other groups due to color, ethnicity, religion or origin.
As for the procedural phase, whether in civil or criminal courts, the victim of crimes of racism must be accompanied by a lawyer or public defender.
In relation to the crime of injury based on race, color, ethnicity or national origin, the penalty is increased by half if the crime is committed by two or more people.
Public agent
When this crime of racial injury or racial injury is committed by a public official in the exercise of his functions or on the pretext of exercising them, the penalty will be increased by one third.
The concept of public official that should be used is that of the Penal Code, which includes those who hold a position, job or public function, even if temporarily or without remuneration, including state-owned companies or service providers contracted or contracted to carry out activities typical of the public administration.
The aggravating factor will also be applied in relation to two other crimes typified in Law 7.716/89:
– practicing, inducing or inciting discrimination or prejudice based on race, color, ethnicity, religion or national origin: imprisonment from 1 to 3 years and a fine;
– manufacture, commercialize, distribute or convey symbols, emblems, ornaments, badges or advertisements that use the swastika or swastika cross for purposes of promoting Nazism: imprisonment from 2 to 5 years and a fine.
For these two types of crime, if the conduct occurs “in the context of sports, religious, artistic or cultural activities aimed at the public”, a prison sentence of 2 to 5 years will be determined and the perpetrator will be prohibited from attending, for three years, places intended for sports, artistic or cultural practices aimed at the public, as the case may be.
Without prejudice to the penalty for violence, anyone who hinders, prevents or employs violence against any manifestations or religious practices will be punished with imprisonment from 1 to 3 years and a fine.
Social networks
For all these crimes, except that of injuria, the text updates the aggravating factor (imprisonment of 2 to 5 years and a fine) when the act is committed through the media or publication of any nature, also including cases of posting on social media or the internet.
*With information from the Chamber Agency
