In recent days it has been reported that, once again, artists have suffered the crime of racism. The first of them was the singer and songwriter Seu Jorge, who was the target of boos and racist insults during a show held at a club in Porto Alegre.
Days after the incident, the comedian and musician Eddy Junior denounced a neighbor, who had insulted him racistly at the entrance to the elevator of the building where they live.
Unfortunately these are not the first and not the last cases involving racism, whether famous or anonymous. And whenever this agenda reverberates, much is said about racism and racial injury. But what's the difference between them?
The main issue that differentiates crime from racial injury and racism is who the offense is directed at. If the offense is directed at a person or a specific group of people, where it is possible to highlight these people, it is racial insult.
When you have a large number of people without the possibility of identifying the person responsible, if the practice of such an offense is made for an entire community, there is the
crime of racism.Read too: The Black Panthers and the racial struggle in the USA
Racial Injury
The crime of racial injury consists of offending someone's honor using elements related to race, color, ethnicity, religion or origin. Briefly speaking, it mainly refers to situations involving the honor of a specific individual, usually through the use of bigoted words.
It is provided for in the Brazilian Penal Code, in article 140, paragraph 3, and establishes the penalty of imprisonment from one to three years and a fine, in addition to the corresponding sanction for the violence committed.
Do not stop now... There's more after the publicity ;)
For these cases, the victim must go to a police station and file a lawsuit against the aggressor himself, without the need for action by the Public Prosecutor's Office (MP).
Below are some examples of racial slurs:
- Offending dignity using elements of race, color, ethnicity, religion, origin or condition of an elderly or disabled person
- In general, it is associated with the use of derogatory words referring to race or color with the intention of offending the victim's honor.
Racism
Now the crime of racism it happens when the aggressor hits a group or collective of people, discriminating against an ethnic group in general and, generally, refers to broader crimes. In these cases, it is up to the Public Prosecutor's Office to prosecute the offender.
By law, numerous situations are framed as a crime of racism. See some of them below:
- Refuse or prevent a group from accessing a commercial establishment
- Prevent the use of social entrances in public or residential buildings, in addition to elevators and stairs
- Deny or hinder employment in a private company, among others
At the moment, the crime of racial slurs is bailable and prescriptive, while the crime of racism is imprescriptible and non-bailable. A law is about to be approved by the National Congress to equate the crime of racial injury with that of racism
The bill, currently being voted in Congress, also establishes an increase in the sentence to two to five years and that offenders are banned for three years from participating in sporting, artistic and cultural.
Check out: Racial quotas
Check also: Human Rights: what they are, articles and how they came to be
By Erica Caetano
Journalist
