In response to the increased demand for legal support for cases related to racial discrimination, the Brazilian Bar Association São Paulo Section (OAB SP) and the Public Defender’s Office of the State of São Paulo added to the existing agreement for free legal assistance, the for racial crimes.
Additionally, a lawyer will accompany the victim at hearings and all hearings provided for in the process. The service is now available. Lawyers affiliated with OAB SP operate in municipalities where the Public Defender’s Office does not have representation, which guarantees assistance in difficult-to-access locations.
According to the deputy general secretary of OAB SP, Dione Almeida, the addition of the agreement is a great gift from OAB SP, for the legal profession and for citizenship. “Not only because it increases the possibility of work for lawyers who start to act in defense of victims of racism and who act in defense of women in situations of violence, but also because it expands the scope of the agreement, which is an instrument for the enforcement of rights “, he said.
Agreement
Based on article 140, paragraph 3 of the Penal Code and Law No. 7,716/1989 (Racial Crimes Law), the agreement now includes assistance in cases of racism, covering crimes of insult and racial discrimination. “Specialized care aims to ensure that victims of racial discrimination receive the necessary support and legal support to preserve their fundamental rights”, emphasizes OAB SP.
Makeup artist, designer and hairdresser Miriam (she prefers to omit her last name), 42 years old, suffered discrimination and racism in the workplace during the period she worked for a large insurance company. She says that she was a victim of persecution and racist attitudes from her supervisor from the moment she joined the team.
“She constantly made derogatory comments about my skin tone, style of dressing and presentation, using these personal characteristics as a way of subjugating me. These racist attacks, which have become increasingly frequent, affected me emotionally, making my stay at the company unsustainable,” he said.
After leaving the company, Miriam started looking for legal assistance and had difficulties, including financial ones, only getting support after six months, with free justice. The process is still ongoing.
“If the Public Defender’s Office accepts these cases of racial insults, racism, it will be a new solution to our problems, because every day we go through something. That’s why we have to have people prepared for these cases. It’s very important for us, because it’s a way of putting ourselves back into society.”
Other benefits
The new term also provides for the expansion of extrajudicial assistance for women in situations of violence, with contracted lawyers being able to work in reception locations such as Casas a Mulher Paulista, offering direct legal support on-call, so that the intervention is more agile and accessible.
For contracted lawyers, the addition will allow them to receive fees in new situations, such as extrajudicial and tax executions, as long as there are installment agreements or the absence of seizable assets. “These adjustments to the agreement expand remuneration opportunities for professionals, valuing their work in complex or socially sensitive cases”, highlights OAB SP.
The measure also guarantees new possibilities for action and remuneration, especially in extrajudicial proceedings and tax enforcement phases, and the opening of new vacancies for interested lawyers.
