Brazilian Senate Passes Higher Penalty for Crimes Based on Color, Race or Sexual Orientation

RIO DE JANEIRO, BRAZIL – On Wednesday, November 25th, the Senate passed a bill that provides a higher penalty for crimes committed based on race, color, ethnicity, religion, national origin or sexual orientation.

With the approval, the bill will be put to a vote in the Chamber of Deputies. However, the text does not define the length of time the sentence may be extended in these cases.

In Brazil, discrimination and prejudice based on race, color, ethnicity, religion or national origin is a crime. In addition, the Federal Supreme Court (STF) has since 2019 recognized the crimes of homophobia and transphobia.

Voting on the proposal was not included on Wednesday’s voting agenda, but the author of the text, Paulo Paim (PT – Workers’ Party), requested that the bill be added.

During the session, Paim argued that the Senate needed to “provide an answer” to the case of the death of João Alberto Silveira Freitas. A black man, João Alberto died after being beaten by two security guards at a Carrefour supermarket unit in Porto Alegre (RS).

Criminal Code

The so-called “aggravating circumstances” are factors that increase the penalty when a person is convicted of a crime.

The bill passed by the Senate included prejudice by race, color, religion and sexual orientation in this array of situations that “always aggravate the penalty,” according to the Criminal Code.

“The Brazilian State must take a stand, and the Legislative Branch, I am sure, will not neglect to do so, as it decided today in a symbolic vote, demonstrating that we are all against racism,” said Paim.

Electronic fraud

Also in Wednesday’s session, senators passed another bill amending the Criminal Code. The text increases the penalty in case of intrusion of a device, cell phone or computer, in order to retrieve, tamper with or destroy data.

The current penalty provides for detention from three months to a year and a fine. Under the bill, it becomes one to four years imprisonment, in addition to a fine.

The text provides that if the crimes of theft and larceny are committed in a context of electronic fraud, the penalty will be imprisonment of three to six years and a fine.

The penalty of imprisonment is imposed for more severe convictions, the enforcement system may be closed. Detention is imposed for minor convictions and does not permit the beginning of the sentence to be served in a closed system.

Source: G1