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Court acquits Julio Cocielo of racism charges

The court acquitted YouTuber Julio Cocielo, denounced by the Federal Public Ministry (MPF) on charges of incitement to hatred. The decision is from the Federal Regional Court of the 3rd Region.

For judge Rodiner Roncada, from the 1st Federal Court of Osasco, despite “morally reprehensible ” the influencer’s conduct, it was not proven that he discriminated against a race. In the complaint, the MPF presented a sequence of posts made by Cocielo on social media between November 2010 and June 2018, all of a racial nature .

A Cocielo's defense stated that he is black and that “it would be impossible for the defendant’s statements to be classified as racism, while there is no way to consider yourself hierarchically superior to a group to which you belong.”

The defense further argued that the expressions were in a context of “artistic and humorous production” that would be covered by the constitutional right to freedom of expression.

In relation to a post about the player Mbappé, for example, he justified that the post concerned the athlete's speed, and not his color.

The judge accepted the defense's arguments and stated that, despite the phrases being of “debatable taste”, he did not envisage the incidence of the typical figure of the crime of inciting racism.

“The defendant stated in his interrogation that he did not act with the intention of offending any race or ethnicity, but only with the intention of being funny, of amusing his audience, on his 'stage'. Witnesses confirmed that the accused never demonstrated racist behavior or attitude. It is worth noting that there was no news, during the investigative phase or in court, that the defendant had engaged in discriminatory social conduct throughout his life, with episodes involving the practice of racism”, wrote the judge.

Regarding the statement that Cocielo identifies as black, in an excerpt from the case, the magistrate added that “there is nothing in the records that indicates that the accused, whose family is of African descent, had the intention of making a joke with the deliberate intention of hurting the black community (of which it is also a part), in order to incite racist behavior”, he concluded.

A CNN He sought advice from the YouTuber and is awaiting a response.

There is still an appeal from the Federal Public Ministry to the Federal Regional Court of the 3rd Region (TRF3).

(*Under the supervision of Felipe Andrade)

Source: CNN Brasil

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