A 10-year-old girl was the victim of racial slur on a beach in Cabo Frio, in the Lagos Region of Rio de Janeiro. The child was dressed as a mermaid and was offended by a tourist from Minas Gerais on Thursday (14). According to the incident recorded at the local police station, the suspect would have said: “Look at the black mermaid! Have you ever seen a black mermaid?”. The case, which is being investigated by the Civil Police of Rio, brought to light the discussion about stricter laws for crimes of racism and racial slur.
Despite being arrested in the act, the author of the attack was released on Friday (15) after posting bail of R$ 2 thousand. According to the Civil Police, he will answer for the crime of racial slur, which carries a penalty of one to three years of imprisonment and a fine. In October last year, the Senate approved a project to frame racial slur as a crime of racism, but it still needs to go through the Chamber and be sanctioned by President Jair Bolsonaro (PL).
The coordinator for the Promotion of Racial Equality in the municipality, Manoel Justino, criticized the fact that the suspect, despite being caught in the act, was released, as provided for by law. “Cases that should be registered as a racial crime receive the classification of injury, which provides for lighter penalties and do not contribute to the social changes that the country needs. The criminal pays bail and leaves, while he should be subjected to harsher punishments, corresponding to the damage he has done,” he said.
The girl was with her parents and was taking a picture on the shore, when she was assaulted by the man. The episode caused indignation in those who passed by the place and anger in the child’s parents. The Municipal Guard was called, arrested the suspect in the act and Military Police took him to the local police station.
According to the Military Police, the girl was very shaken by the aggression. She was wearing a costume of the mermaid Ariel, a Disney character, which recently released a new version of the film and which will have Ariel’s interpreter, actress Halle Bailey, who is black.
Data from the Ministry of Human Rights show that in 2021 alone, 1,016 cases of racial injury against blacks and browns were reported to the ministry. The states of São Paulo, Rio de Janeiro and Minas Gerais are the ones that had the most complaints, and registered, respectively, 205, 161 and 152 complaints each. According to the Ministry, in the whole of last year, 476 complaints of racial slurs were received.
In a note, Cabo Frio City Hall expressed its opinion on the case: “Cabo Frio City Hall repudiates any type of discrimination, whether by race, gender, sexual orientation, religion, ideology, ethnic origin or functional diversity. Believing that the municipality is a place for everyone and for everyone, municipal management works daily to implement public policies of inclusion.”
Racial Injury x Racism
Racial Insult is associated with the use of derogatory words referring to race, color, ethnicity with the intention of offending the victim’s honor.
The crime of racism, on the other hand, implies discriminatory conduct directed at a certain group or collectivity and generally refers to broader crimes. In these cases, the Public Ministry has the legitimacy to prosecute the offender. The law covers a series of situations such as a crime of racism, for example, refusing or preventing access to a commercial establishment, preventing access to social entrances in public or residential buildings and elevators or access stairs, denying or preventing employment in a private company, among others.
Project frames racial slur as a crime of racism
Discussions about race marked 2021 with the disclosure of several cases of racism. In 2022, the expectation is that more severe punishment will be imposed for those who commit the crime and that is supported by the decision of the Federal Superior Court (STF) to equate racial injury with racism, in judgment in plenary on October 28 of last year.
On that occasion, the Senate approved a bill to frame racial slur as a crime of racism. The proposal increases the penalty for cases of racial discrimination in the country, but the bill still needs to go through the Chamber and be sanctioned by President Jair Bolsonaro to take effect.
Currently, crimes of racial slur and racism are treated differently in the law, which could lead to some defendants being held accountable with lighter sanctions or even being released from prison.
The bill amends the Racial Crimes Law and punishes with imprisonment from two to five years and fines the act of injuring someone based on race, color, ethnicity or national origin.
Today, this law provides for punishment of one to three years for crimes of discrimination or racial prejudice, but does not mention injury. The Penal Code, however, provides for the crime of racial slur, but with a lesser penalty, also from one to three years.
The crime of racism is non-bailable and does not prescribe by the Constitution. Therefore, according to the proposal, the amendment of equating injury to racism would eliminate the possibility of a criminal going unpunished due to the payment of bail or the delay in being tried.
Source: CNN Brasil
