Project occurs after the STJ decides that there is no “reverse racism”; deputy wants punishment independent of the “color, race, ethnicity, religion or national origin” of the victim
The deputy federal (União Brasil-SP) filed a PL (Bill) that aims to expand the typification of prejudice crimes and punish by discrimination regardless of the color, race, ethnicity, religion or national origin of the victim. Eis a do PL (PDF — 116 kB).
The text is in response to a do (Superior Court of Justice), issued on Tuesday (4.Fev.2025), who annulled a lawsuit against a black man accused of injurying a white man, removing the possibility of recognition of the so -called “reverse racism”. The understanding established a milestone in legal interpretation of racism and racial injury in Brazil.
In the justification of the PL, the deputy argues that Law No. 7,716 of 1989, which defines crimes resulting from prejudice of race or color, is a “Fundamental milestone in combating discrimination in Brazil“But that there is “Other groups that are also victims of analogous discriminatory acts that need the same legal protection.”
Kataguiri also stated that “This project does not replace or weakens existing legislation, but strengthens it by ensuring that any individual, regardless of their racial, ethnic, religious or national identity, is supported against discriminatory practices.”
In publishing at X, Kataguiri criticized the court’s decision. “STJ legalizes racism in Brazil by considering only the possibility of racial injury to ‘historically oppressed’ groups, breaking the principle of isonomy. In the name of doing justice, prejudice and injury is allowed if you choose your target right.”, wrote the deputy.
STJ legalizes racism in Brazil by considering only the possibility of racial injury to “historically oppressed” groups, breaking the principle of isonomy. In the name of doing justice, prejudice and injury is allowed if you choose your target right.
– Kim Katagiri (@kimkatagiri)
Understand the case
The case judged by the STJ originated in a complaint from the (Alagoas Public Prosecution Service) against the accused, who referred to an Italian as “European white head slave”During a discussion via messaging application, amid a controversy over payment for services provided.
Minister Og Fernandes, rapporteur of the case, argued that “Racism is a structural phenomenon that historically affects minority groups, not applying to majority groups in positions of power”.
“It is not possible to believe that the white Brazilian population can be considered minority. Therefore, there is no way of the situation narrated in the file corresponds to the crime of racial injury”Said the minister.
According to Fernandes, the legislation that typifies the crime of racial injury aims to protect historically discriminated groups, not applying to the Brazilian white population, which is neither minority nor often discriminated against.
The decision also acknowledged the possibility of black offenses against whites, but clarified that, when based on skin color, these offenses do not constitute racial injury.
“Racial injury, characterized by the element of discrimination under examination, is not configured in the present case, without prejudice to the analysis of any offense to honor, provided that under adequate typification”He concluded.
