Bill Increasing Penalties for Racism is Passed in Rio de Janeiro State

RIO DE JANEIRO, BRAZIL – The Legislative Assembly of the State of Rio de Janeiro (ALERJ) enacted this week the bill proposed by deputy Carlos Minc, increasing the penalties to individuals, commercial establishments, industrial facilities, and other institutions that discriminate any citizen on account of their race, color, and ethnicity, religion or national origin. The text will be sent to Governor Wilson Witzel, who will have up to fifteen days to sanction or veto it.

Under the proposal, perpetrators may be warned, lose benefits such as access to state credit facilities, and have to pay fines ranging from 1,000 to 10,000 UFIR-RJ (tax reference units), approximately R$3,400 (US$850) to R$34,000. Penalties will be doubled in case of repeat offenses. The former law established a fine of a maximum of three thousand UFIR-RJ, the equivalent of R$10,000.

When the violation is committed by a public official, civil servant or military officer, in the exercise of their duties, the disciplinary penalties applicable under the relevant legislation may also be enforced. The fine amount will be set based on the offender’s personal and economic conditions.

The fine may be increased up to three times when it is ascertained that by virtue of the offender’s economic situation, setting it at a lower amount would be ineffective.

Current legislation already provides for other sanctions, such as suspension for thirty days of the establishment or institution that discriminates or allows the racist act to continue. In addition to this sanction, the new text also provides for the exclusion of establishments in case of repeated offenses.

In the event of an administrative procedure to apply the relevant penalties, the right to be heard and to a full defense must be guaranteed. The norm does not apply to religious institutions, entities, and places of worship.

“This project was prompted by the social groups’ call to the Commission to Combat Discrimination in ALERJ. I am aware that racism will not end with the law, that it should be a cultural change, that is why it is necessary to enforce it and supervise its enforcement, as well as to raise awareness in commercial establishments. The goal is not to collect fines, but to change discriminatory behavior,” said deputy Carlos Minc.