Brazil’s Education Minister Rejects Agreement to Avoid Homophobia Inquiry

RIO DE JANEIRO, BRAZIL – Minister of Education Milton Ribeiro rejected the agreement offered by the Prosecutor General’s Office (PGR) that could relieve him of having to face an inquiry into homophobia at the Federal Supreme Court (STF).

To this end, the Minister would be required to confess that he had committed a crime by stating in an interview with Estadão, published in September, that “homosexuality” is “the fruit of dysfunctional families”. The statement led the PGR to request the opening of an investigation in the Court.

In a statement sent to the STF on Thursday, November 26th, Ribeiro officially announced that he rejects the proposed settlement and asks for the case to be dismissed. The Minister further reiterated “his most sincere apology, already publicly expressed, to anyone who has felt insulted by his words.”

The admission that the Minister committed a crime of prejudice against homosexuals could be interpreted as a contradictory sign by the Bolsonaro government itself, which is trying to “relativize” the concept of homophobia in the STF.

The option of a settlement was offered by deputy Prosecutor-General Humberto Jacques to the Minister on September 25th, the same day the entity requested the STF to open an inquiry.

On September 5th, in a letter obtained by Estadão, the deputy Prosecutor-General announced that José Levi, the Federal Solicitor General, had asked the Minister of Education about “a possible interest in entering a non-criminal prosecution agreement”. In the message, prosecutor Jacques again asks if there is any interest in accepting the offer.

“It is noted that, to date, there has been no reply from the Minister of Education regarding his intention of reaching an agreement. Therefore, the Federal Prosecutor’s Office is asking, through this letter and directly to the judicial representative appointed by Minister Milton Ribeiro, if there is an interest in reaching the aforementioned agreement,” reads the document. The letter was sent to the Federal Solicitor General (AGU) as this is the body representing Ribeiro in the case.

Admission of guilt could lead to erosion

Jacques also gave the government up to ten days to comment on the agreement, which has so far not occurred. Estadão found that a potential admission of guilt could cause political damage to the Minister’s image and to the government itself.

The AGU announced that it would not comment on “judicial proceedings in progress”. Asked why Ribeiro rejected the agreement, the Ministry of Education did not reply.

“In this type of agreement, in addition to the traditional measures such as compensation, community service and payment of fines, it is possible to agree with the Prosecutor’s Office other alternative conditions that are not specified in the law, such as a public recantation,” said professor and constitutional law attorney Ademar Borges.

A Presbyterian pastor, Ribeiro took over after Weintraub

Presbyterian pastor Milton Ribeiro took over the Ministry in July, replacing Abraham Weintraub and promising to adopt a more moderate stance. In the interview with Estadão, published on September 23rd, the Minister advocated changes in relation to sex education. According to Ribeiro, the subject is often used to encourage gender discussions. “And it is not normal. The option you have as an adult, to be a homosexual, I respect it, but I don’t agree with it,” he said at the time.

“I think that teenagers who often choose to pursue the path of homosexuality have a very close family context, it is enough to do some research. These are dysfunctional families, some of them. Lack of attention from the father, lack of attention from the mother. I see a boy of 12, 13 years of age choosing to be gay, he has never in fact been with a woman, with a man. These are matters of values and principles,” he said.

The AGU asked for ‘defense of freedom’ in homophobia and transphobia cases

After the request to open an inquiry against the Minister of Education, the AGU asked the STF on October 14th, to recognize instances of ‘defense of freedom’ in homophobia and transphobia cases. The goal is for the Court to clarify that “not only religious freedom, but freedom of expression itself, (encompassing artistic, scientific or professional demonstrations), supports the potential for non-demeaning demonstrations regarding sexual morality.”

According to a source following the case, the appeal to nullify the Court’s opinion on the historical case that classified homophobia and transphobia as racism has the purpose of freeing Ribeiro from conviction. “It is necessary to ensure freedom for the consideration of alternative sexual morals, without any concern that such demonstrations will be perceived as incitement to discrimination,” the AGU claimed.

In asking for the opening of the investigation against the Minister, immediately after the interview with Estadão, the deputy Prosecutor-General considered Ribeiro’s statements “derogatory to people with a homo-affective sexual orientation” and “offensive to the dignity of the aforementioned social group.”

The case was forwarded to STF Justice Dias Toffoli, who refused to open the inquiry, ordering Ribeiro to testify at the Federal Police about the incident. Jacques even requested Toffoli to expedite the case so that the Minister’s deposition could be taken, which has not yet occurred.

Source: Estadão Conteúdo