Sentenced to 8 years in prison, humorist appealed to the MPF, who also suggested reducing the amount of the fine
The (Federal Prosecutor’s Office) manifested themselves for reducing the sentence imposed on the humorist, sentenced to 8 years and 9 months in prison for racism and discrimination against people with disabilities. In analyzing the appeal against the decision of the 1st instance, the opinion also opined for reducing the amount of compensation for collective moral damages, set at R $ 303 thousand.
The case is processed in the 5th Panel of TRF-3 (Federal Regional Court of the 3rd Region), which analyzes the defense appeal against the sentence of the 3rd Criminal Court of São Paulo. The humorist was convicted of uttering racist and discriminatory jokes at the show Leo Lins Disturbingreleased on your YouTube channel. Read the sentence (PDF – 190 kb).
In the demonstration, prosecutor Vinícius Fernando Alves Fermino defended the maintenance of the conviction. Stated that freedom of expression does not authorize “Propagation of discourses that induce or incite discrimination”. The opinion considers that, although as an actor, the humorist cannot “Use freely from discourse to induce or incite discrimination against vulnerable groups protected by the criminal-criminal order”. Read the opinion (PDF – 559 KB).
However, the MPF understood that, despite the jokes with “Vulnerable groups”, crimes of racism and discrimination were identified only in the excerpts where a “Dehumanization or suppression of fundamental rights of the inferior group”.
The demonstration diverged from the dosimetry applied in the condemnation. The MPF understood that it is not possible to condemn the humorist for “Multiple actions” of discriminatory character. He said there was a single criminal action encompassing all the speech at the humorist show: “The imputed availability and dissemination of the video, as a way of spreading prejudiced and discriminatory discourse, translates unique action, even though aimed at reaching various collectivities.”
Leo Lins had been convicted of the crime of incitement to racial discrimination 8 times and the crime of inducing and incitals discrimination against people with disabilities twice.
The MPF calls for a reduction of the sentence, considering once the crime against people with disabilities and 6 times the crime of incitement to racial discrimination.
In addition, unlike the sentence, which set an indemnity for moral damages of R $ 303,000, the MPF argued that, instead of considering 30 minimum wages per day-to-day, the amount is readjusted to 1.13 minimum wage.
