Misogyny: what is the crime of hate against women and what changes after the bill in the Senate

On Tuesday, the 24th, the Senate unanimously approved a bill that makes misogyny a crime equivalent to racism. The approved text defines misogyny as “conduct that externalizes hatred or aversion to women”.

“Misogyny translates into hatred, aversion, and extreme contempt for women, often manifested through physical and psychological violence and defamation,” said senator Soraya Thronicke (Podemos-MS), rapporteur of the proposal.

Currently, misogyny is equated to insult and defamation in the Penal Code, with penalties ranging from two months to one year in prison. According to the text, it will be included among crimes of prejudice or discrimination, whose punishment varies from two to five years in prison, in addition to a fine.

Misogyny: what is the crime of hate against women and what changes after the bill in the Senate

For example, those who insult or offend someone’s dignity or decorum due to misogyny may be punished. Criminal conduct will also not allow bail and will be imprescriptible – that is, it will not lose validity over the years.

The proposal also includes the expression “woman status” among the criteria of the Racism Law, along with race, color, ethnicity, religion and national origin.

The project had already been approved by the Senate’s Constitution and Justice Committee (CCJ) in October last year and should have gone directly to the Chamber of Deputies, but there was an appeal for it to be considered by the plenary.

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Now, after approval, the proposal goes to the Chamber. If approved without changes, it will go to the President of the Republic for sanction and will come into force after publication in the Official Gazette of the Union (DOU). If there are changes, it will return to the Senate.

Senator Ana Paula Lobato (PSB-MA), author of the project, stated that she was the target of offenses and threats, including death, on the internet, due to the proposal. “Brazil is tired of burying women, counting victims, watching public humiliations and hearing that all of this is exaggeration, ‘mimimi’ or mere opinion,” said the senator.

Soraya stated that the approval of the text became even more important with the growth of “red pill” profiles on social networks, which disseminate misogynistic and sexist ideologies, and with the increase in the number of cases of violence against women in Brazil. Last year, the country recorded 1,470 femicides, the highest number in the historical series, according to the Ministry of Justice and Public Security.

The text, however, was also the target of criticism. Senator Damares Alves (Republicanos-DF) said she feared a possible “trivialization of the Racism Law” and argued that the inclusion of misogyny in criminal legislation could be the best option. “We are fighting for the dream of classifying misogyny. But is this the right instrument?”, he asked.

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