The State of São Paulo was ordered to pay compensation of R $ 350 thousand for collective moral damages to the black population.
The second instance decision was made due to an episode that occurred in October 2020, in management (PSDB), when it monitored it for three hours a group of 14 people, two guides, who were taking a tourist walk through representative places and monuments of the black community.
The in the center of the city of São Paulo and travels points such as the church of hangers, the statue Zumbi dos Palmares, the Ladeira da Memory, the reggae gallery and the pillory of Sete de Setembro Square, where today is the João Mendes Forum.
Promoted by a private company, Black Bird Viagem, cost $ 60 per person at the time.
Along the way, according to action opened by the Public Defender’s Office, the tour was monitored by police officers in motorcycles, vehicles and Cavalry PMs, who took turns.
“They began to accompany the event as if it were to guarantee something,” a witness told the court, noting that other groups walking in the central region did not receive the same treatment.
The members of the walk reported that they were “closed” by the motorcycles in Largo São Francisco. In the Anhangabaú Valley, two police officers would have cornered people against the wall with their horses.
A tour participant told the court that he felt embarrassed and afraid.
“The guides forgotten, they were nervous, inhibited, so much so that at the end of the course, the participants were offered the opportunity to take another walk, because the organization thought they could not enjoy the program,” Guilherme Soares Dias, the way of the walk, told court.
Judge Paulo Galizia said the group was “discriminated against, treated differently, without any reasonable justification.”
“It is evident that the mere police escort, in a situation where other groups are not escorted, cause embarrassment,” he said. “There was a violation of fundamental rights of the black population, with disrespect for equality and freedom itself.”
The state can still appeal.
In the defense presented to the court, the state management said that there was no arbitrariness or illegality by the military police. He stated that there were no discriminatory acts, as well as any persecution or embarrassment.
“All the performance of the military police officers was based on the legal duty of maintaining public order, through preventive and ostensible policing, as occurs in any public act (demonstrations, walks, agglomerations in general) in order to ensure the physical integrity of participants and third parties, perform control of vehicle traffic and monitor any progressive increase in the number of people,” he said in the action.
“There was no approach or curtailment of the right displacement or permanence,” the state told the court. “The allegations that the mere presence of police in a nearby place would result from racial discrimination are but rhetorical unconvagation of foundation and factual proof.”
The amounts of the indemnity, according to the decision, will have to be reversed to a public fund intended to enable cultural and artistic projects in favor of the black population.
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