At the beginning of May, during a CPI session, councilor Camilo Cristófaro had a racist speech leaked. At the time, his open microphone captured him saying the following sentence to another person: “They didn't wash the sidewalk, it's a black thing, right?”. On the 20th, the City Council of São Paulo approved the opening of a disciplinary process against the councilor.
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This case raised several discussions about the difference between racism and racial slurs. Do you know how to differentiate the two cases? Check it out below:
“If you have an offense directed at a person or a certain group of people, that you manage to single out these people, it is racial slurs. When you have a large number of people without being able to individualize, if you practice this offense against an entire community, you have the crime of racism. In the case of the councilor, as he says it is a black thing, this ends up offending the entire black community, which is more than 100 million people”.
Who explains is Irapuã Santana do Nascimento da Silva, president of the OAB-SP Racial Equality Commission. He also points out that the two crimes have a penalty of 1 to 3 years in prison, but the crime of racial injury has the possibility of bail and can prescribe.
A bill that equates the crimes of racism and racial injury is awaiting a vote in the National Congress. It has already been approved by the Federal Senate, but it still needs to go through the legislature, and then pass through the presidential sanction or veto. Once the PL is approved, racial injury becomes a non-bailable and non-payable crime. In addition, the project also provides for an increase in the sentence to 2 to 5 years, in addition to a three-year ban on participating in sporting, artistic and cultural events.
Silva also explains that, in cases of trial of this type of crime, any evidence of what happened is worth influencing the process. “Sometimes you don't have full proof, but you have evidence,” he says. To prove that the crime occurred, evidence such as photos, audios, videos, witnesses, prints, anything that can prove that the crime happened, serving for a sentence trial.
In the case of councilor Camilo Cristófaro, he may be liable for the crime of racism, in addition to an administrative process. He denies the crime, and refers to the speech as a joke.
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