The Federal Court condemned the Union for considering it offensive to the memory of , leader of the Revolt of the Whip of 1910.
In a sentence handed down on Wednesday (20) by federal judge Mario Victor Braga Pereira Francisco de Souza, of the 4th Federal Court of Rio de Janeiro, the Union was ordered to pay R$200,000 for collective moral damages and to refrain from using pejorative language when referring to João Cândido.
The money must be allocated exclusively to projects to preserve and enhance the memory of João Cândido and the Revolta da Chibata.
The Navy was contacted by email this Thursday morning (21), but did not comment on the sentence until the publication of this report. There is an appeal.
The Whip Revolt was an uprising that mobilized 2,300 sailors, who rebelled against the physical punishments and degrading conditions imposed on the vessels’ crew, the majority of whom were black and brown.
João Cândido, who became known as the “black admiral” for his leading role in the revolt, was expelled, arrested and died poor in 1969. He never became an admiral, despite being called that by the press and the population at the time.
A refers to a letter sent to the Chamber of Deputies in April 2024 by the commander of the Navy, . He criticized the bill that inscribes João Cândido in the Book of Heroes and Heroines of the Fatherland.
In the letter, the commander classified the Revolt of the Whip as a “deplorable page in national history”, called the sailors involved in the mutiny “abject” and stated that honoring João Cândido would represent a “reprehensible example of conduct”.
Olsen said that honoring João Cândido “would be the same as transmitting to society, and in particular, to today’s military, that it is licit to resort to the weapons entrusted to them to claim supposed individual or class rights.”
In the action, the MPF argued that the statements went beyond the limits of freedom of expression, asking for compensation of R$5 million and the prohibition of further attacks on the sailor’s memory.
In the Prosecutor’s Office’s assessment, the demonstrations disrespect the Constitution, international treaties to combat racism and which granted amnesty post mortem to João Cândido and the other rebels of the Revolta da Chibata.
The Court partially accepted the requests. The judge rejected the request to prevent this type of institutional demonstration, on the grounds that the Judiciary cannot interfere in the political and legislative debate on official tributes.
He recognized that the Navy has the right to support its historical and military interpretation of the revolt, including criticism of the breakdown of hierarchy and discipline.
On the other hand, the judge highlighted that freedom of expression does not authorize the use of offensive or discriminatory language by State bodies. For the judge, expressions such as “abject” have a stigmatizing and humiliating character, going beyond the technical debate on the topic.
The judge also highlighted that the Revolt of the Whip was led mainly by black and brown sailors who were subjected to physical punishments inherited from the logic of slavery and stated that public authorities must be careful when speaking about historically discriminated groups.
The decision cites precedents from the (Federal Supreme Court) on freedom of expression, hate and structural speech, in addition to the Trial Protocol with a Racial Perspective from the (National Council of Justice).
The compensation was set at R$200,000, an amount lower than the R$5 million requested by the MPF. The argument is that sentencing must fulfill a pedagogical and symbolic function.
