In the frame Freedom of Opinion this Friday (19), commentator Ricardo Baronovsky assessed the Federal Senate’s approval of the bill that equates the crimes of racism and racial injury.
“In October 2021, the Federal Supreme Court, in my opinion, in a very correct decision — and experts and technicians on this topic also praised —, equated the conduct of racism and racial insult. In other words, racial insult would be a kind of racism. Because in that specific case, the offender would benefit from the statute of limitations. So, imagine that a serious conduct like that would go unpunished, nothing would happen to her”, he analyzed.
For this, article 140 of the Penal Code will be amended and the penalty previously provided for those who committed insults will be increased. The matter now goes to the analysis of the Chamber of Deputies.
“Racism is a widespread discriminatory behavior. I do not single out the victim, the legal asset protected here is humanity”, he explains. On the other hand, the injury, without this change foreseen in the project, would be characterized by: “a crime of the Penal Code against the honor of a specific victim and not something diffuse, is a minor sentence of one to three years defined by article 140, third paragraph. And it does not have the resurgence of prescriptibility, unenforceability and imprisonment — characteristic of racism”.
Passing through the Chamber of Deputies, the crimes will be on the same level.
“Today, anyone who commits a racial crime is subject to a penalty of up to five years, in my low vision, an imprescriptible crime – in 20, 30 years it can be punished -, he will not receive bail, the regime will be imprisonment, if he is a civil servant or public agent who loses his calculation, if it is within an establishment, he will have its operation suspended, he will become a repeat offender, and obviously he will be publicly execrated.”
Freedom of Opinion had the participation of Fernando Molica and Ricardo Baronovsky. The picture airs daily on CNN.
The opinions expressed in this publication do not necessarily reflect the position of the CNN or its employees.
Reference: CNN Brasil
