In 2018, the then Attorney General of the Republic, accused Federal Deputy Jair Bolsonaro, candidate for the presidency of the Republic, of the crime of racism and discriminatory manifestation against quilombolas, indigenous people, refugees, women and LGBTs.
The offense provides for a penalty of imprisonment from one to three years.
The complaint was rejected in the first class of the Supreme Court 3-2, with the tiebreaker of Alexandre de Moraes, who accompanied Luiz Fux and Marco Aurélio (rapporteur).
They understood that the statements were within the limits of freedom of expression.
An eventual conviction of Bolsonaro could have hindered his election, avoiding genocide in the pandemic, the vandalism of 8 January, and the criminal organization that included high -ranking military personnel.
Bolsonaro “practiced, induced and incited discrimination and prejudice against quilombola communities, including comparing them with animals,” Dodge reported.
“I went to a quilombola in Eldorado Paulista. Look, the lighter African descent there weighed seven arrobas,” said the deputy.
“Despite the error of the statements, it does not seem to me that the conduct would have extrapolated the limits to a hate speech, from incitement to racism, of xenophobism,” Moraes said in his vote.
For Luís Roberto Barroso and Rosa Weber, the expressions fall under article 20 of the Racial Crime Law, which considers a crime “to practice, induce or incite the discrimination or prejudice of race, color, ethnicity, religion or national origin”.
In 2022, under the management of Augusto Aras, the PGR called for the filing of two representations against Bolsonaro for asking a black if he weighed “more than seven arrobas”, a measure used for cattle weighing.
Gate
In receiving the complaint against Bolsonaro, Fux introduced in the debates, inappropriately, another process: the case of lipstick registration in the statue “The Justice” in Brasilia.
He said he would exercise “judicial humility” to review “errors” made throughout the lawsuits against those accused of participating in scammers.
To claim the reduction of the sentence of its customers, a movement that has evolved, even attributing itself to the rapporteur of case 8 January “violation of the contradictory and broad defense”.
In the case of quilombolas, the vote of Moraes is far from suggesting curtailment of the defense.
“Under the toga beats a man’s heart,” said Fux, who seemed impressed with the inconvenient version of the hairdresser Débora Rodrigues dos Santos.
Deborah said she was just “taking pictures”, which did not enter any building and “had no idea of the symbolic value” of the statue ..
The images of the hairdresser, smiling with his lipstick -stained hands and face, do not match this interpretation.
And right now, she was not with her children. “
“Now they project this situation as a mother and everything. People have taken a huge risk,” says the dean.
“I am far from being a person who defends criminal punishment. I discuss the issue of [prisão] Domiciliar with mothers, I even think they need support not to recur. But here there was a political use of this case, trying to show that we would be insensitive monsters in the face of a situation that was serious: she participated in the occupation of the buildings. So the same penalty of others, “says Gilmar.
Lawyer Antonio Carlos de Almeida Castro (Kakay), from the Prerogatives Group, wrote that “the far-right social media has managed to get a general sensation in civil society, taxing the penalties of abusive and unfair.”
“They even lie into a lying, stating that the lip of lipstick was sentenced to 14 years for pending a sculpture of Ceschiatti. From there all guess, even leftist democrats, asking the penalties to be reduced. It is good to slow down with the Andor. The penalties are high because the crimes imputed by the attorney general are very serious and have very high minimum penalties.”
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