The law that equates the so-called racial injury with the crime of racism is an important advance, in the assessment of specialist in ethnic-racial relations and consultant to the Special Commission on Black Slavery in Brazil of the OAB/SP Lazara Carvalho.
The text should be sanctioned by President Luiz Inácio Lula da Silva this Wednesday (11).
In an interview with CNN Radio on CNN No Plural, the lawyer explained that the crime of racism is provided for in law 7.716/89 to regulate what is described in article 5 of the Constitution.
The law points out what is racist conduct, with discrimination by race, skin color, ethnicity and religion.
In this legislation, “crime was understood when it is against the community, so against the individual there was no provision.”
And that’s where racial slur comes in, which was “to achieve the crime committed against the individual, but directed at a person.”
“Until then, the crime of racism was against the community and an insult against the individual,” he added.
The expert pointed out that technically the crime of racial injury was typified as a type of racism, after the habeas corpus judgment by the Federal Supreme Court, in a case of a lady who offended an employee based on race.
“Since then, the crime would be non-bailable and imprescriptible, but this has not occurred when people seek legal measures, so [a mudança] It is important for this reason, it causes changes within the Penal Code.”
In addition, it increases the punishment in cases where the injury is committed at sporting events.
The change, then, “gives coherence to the two legislations”, and eliminates distortions between the two typifications.
The lawyer points out that, in the law, homotransphobia was also defined as a type of racism.
“This is important because we have seen athletes receiving this type of name-calling at sporting events, experiencing humiliation, embarrassment, and they have a large audience, they are a vector of culture”, he added.
*Produced by Bruna Sales
Source: CNN Brasil
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