Brazilian Senate approves greater penalty for crimes for prejudice to sexual orientation

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The Senate approved, according to G1, this Wednesday (25) a bill that provides for a greater penalty in the case of crimes committed for prejudice of race, color, ethnicity, religion, national origin or sexual orientation.

With the approval, the proposal goes to vote in the Chamber of Deputies. The text does not, however, define how long the sentence may be increased 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.

The vote on the proposal was not part of the voting agenda for this Wednesday’s session, but the author of the text, Paulo Paim (PT-RS), asked that the project be included.

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

Penal code

According to G1, the so-called “aggravating circumstances” are factors that increase the penalty when a person is convicted of a crime.

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

“The Brazilian State has to take a stand, and the Legislative Branch, I am sure, will not fail to act, as it has already decided, today, in a symbolic vote, showing that we are all against racism,” said Paim.

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