Now, racial slurs can be punished with imprisonment from 2 to 5 years. Previously, the sentence was 1 to 3 years. The penalty will be doubled if the crime is committed by two or more people. There will also be an increase in the penalty if the crime of racial insult is committed at sporting or cultural events and for humorous purposes (collective racial insult).
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The sanction occurred during the inauguration of the ministers of Racial Equality, Anielle Franco, and Indigenous Peoples, Sonia Guajajara, at Palácio do Planalto, in Brasília.
The text was approved by the National Congress in December 2022 and inserts the insult into Racism Law (Law 7.716/1989). The new rule also typifies the crime of collective racial insult.
The new law is in accordance with the position of the Federal Supreme Court, which had established the understanding of equating racial insults with the crime of racism, considering it imprescriptible.
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the ministers understood that the crime of racial insult is a species of racism. Therefore, it is imprescriptible, according to article 5, XLII, of the Federal Constitution.
Racial insult is the offense against someone, an individual, based on race, color, ethnicity or origin. And racism is when discrimination affects an entire community by, for example, preventing a black person from taking on a role, job or entering an establishment because of the color of their skin.
(With Brazil Agency)
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