Hate Crimes in Brazil

The idea of hate crime in Brazil is one that seems to be something of a new concept. In a place where violence is a daily possibility in major cities, and where some deny the existence of racism and discrimination, hate crimes are sometimes viewed as just crime. It isn't unless an attack is particularly obvious and especially violent that the press frames it as a hate crime. While racism is punishable by law in Brazil, experts say it is often ignored, and that impunity helps contribute to more hate crimes.

After the presidential elections, an angry law student posted an incitement to murder on Twitter, blaming the election results on Northeasterners and urging her followers to "kill Northeasterners" by drowning them. While her Tweet was quickly circulated, it drew outrage from many, and a prosecutor now wants to pursue a hate crime case against the bigoted Tweeter, who was swiftly fired from the law office where she worked. If found guilty, the student could get jail time or a fine. The crime was framed as racism, which is illegal in Brazil, despite the fact that there was no mention of race in the outburst. Since the Northeast is associated with poverty and black Brazilians, the student's comment was interpreted as being racist, since the implication was that she was urging others to kill poor blacks. The incident was not really out of character, though; wealthy and middle-class Southeasterners, particularly on the right side of the political spectrum, are apt to blame the Northeast for supporting the Workers Party, and anti-Northeastern sentiment is unfortunately not uncommon. The upside of the incident is that it helped shed light on an issue that has not gained as much attention as it could have, and helped start a dialogue about tolerance. 

Meanwhile, last year, a middle class black man who was "mistaken" for a car thief was nearly beaten to death in the parking lot of a Carrefour by security guards. The story was initially suppressed, though it was eventually reported by the press. The victim sued Carrefour and won, and Carrefour fired the employees involved and also hired a new security service. However, as far as I can tell, the crime wasn't brought to the courts as a criminal case; none of the assailants were charged  with a hate crime. In fact, it would appear none of them were charged at all, though the victim's lawyer seems to be trying to have them prosecuted. But given the excrutiatingly slow judicial process in Brazil, there's hope yet.

More recently, there have been disturbing cases of hate crimes against gays in Brazil. According to gay rights groups, murders of gays rose 62 percent between 2007 and 2009, with an average of 110 murders per year. Some even estimate higher mortality rates, claiming that one person dies every two days in Brazil as the result of homophobic crimes. Human rights organizations have been pushing for a national anti-homophobia law, but they haven't been successful yet. In fact, there is allegedly no law that specifically punishes homophobic crimes, which some say helps lead to more hate crimes. Homophobia has not quite become non-PC as it has in other parts of the world; Brazil still has a machismo culture, and homophobia is frequently accepted as normal, be it as an insult or source of jokes, especially among men.

In June, a fourteen year-old was brutally murdered by a group of skinheads in a Rio suburb. Three suspects were arrested and claimed they were not guilty. The victim was kidnapped, tortured, and strangled, and abandoned in an empty lot. Last week, a group of upper middle-class teenagers went on an attacking spree, beating several men and yelling homophobic epithets after the Sao Paulo Gay Pride Parade. Four of them were minors, and were sent to a juvenile detention center, but they have already been released, since a judge determined that they "were not a danger to society." Though the victims' lawyers will hopefully pursue criminal charges against the aggressors, the Sao Paulo government has only threatened fines (though they could potentially be quite high).

Finally, on Sunday, a nineteen year-old student was shot after the Rio Gay Pride Parade, supposedly by members of the military. Yes, you read that right - by soldiers. His crime? Chatting with other men after the parade. The victim claims he was approached by several men in uniform, who yelled homophobic comments and shot him at close range. (Thankfully, he survived) The military has denied any involvement, but it has begun an investigation to determine exactly what happened. One of the military's defenses is that the local military base in Copacabana does not use blue uniforms, which the student said they were wearing (they use green). While it remains to be seen exactly what happened, the bigger question is if the shooter, whoever he is, will actually be brought to justice.

UPDATED 11/18: A soldier has confessed to the Rio Gay Pride Shooting. He will be charged for attempted homicide and could receive a maximum sentence of twenty years in prison. Now it's a matter of seeing how it plays out in the courts.

Comments

[Elias]

Great post, Rachel!

About this: "Human rights organizations have been pushing for a national anti-homophobia law", take a look at this: http://br.noticias.yahoo.com/s/16112010/48/manchetes-universidade-sao-paulo-irrita-comunidade.html

I think that's "interesting" since it came from a University -- no matter it's a religious University; it's not the role that a University should be playing in a society.

Bye,
Elias.

[Ray Adkins]

Rachel,

Just so you know, the notion or applicability of Hate Crimes in Brazil is actually nothing new...
It started in the city of Sao Paulo when maids were forced to take the service elevators only, they sued and won, it became law, no more elevator discrimination, this dates back to Sao Paulo 1979.
Around 1985, another elevator incident, HIV positive people were not allowed to ride elevators, again, sued, won, became law.
In both cases, many people were persecuted and ever arrested...the law keeps evolving in Brazil up to this day...30 some years later.
The new thing here, it a crime, in this case, racial crime, committed over "Twitter".

Ray

[carol]

Eu gosto muito do seu site gringa.. Mas acho que vc tem que tomar um pouco de cuidado para não torna-lo uma lista de fatos tragicos. A não ser que essa seja a idéia, é claro.

[Rio Gringa]

@Ray, point taken but that's not a hate crime in the sense I was thinking - that's a discrimination lawsuit. It is indeed a crime de racismo, but I was really referring to a hate crime involving violence.

@Carol Desculpa, e concordo! Teve uma epoca quando o blog realmente estava tornando "tragico," mas por isso resolvi escrever sobre mais coisas positivas. :)

[F.Sousa]

Already I sincerely wish that the news of hatred and violence become international headlines, it's time for Brazil to confront the country image "of all races, creeds and colors" that both like to inflate the lungs to speak.

Is this veiled prejudice that makes the Brazilian population as hypocritical, and I believe, only to receive the international pressure, and minorities suffer that true justice will be done.

It is through conflict that we find solutions, it's past time for the public indifferent to stand for something and discuss this issue.

But the worst, and that really saddens me is that every Brazilian loves to say "I'm not racist" but has not ashamed to say the least homophobic comments.

Great post.

(And I hope that my English was understandable, I used a translator to D:)

[Ray Adkins]

Rachel,

I hear you. You are right, my example wasn't too specific to your point.
My point was that Hate Crime discussions are not new in Brazil, developments on the matter are indeed more recent...

[RogerPenna]

I dont think the northeast is associated with black people. Bahia maybe. But when brazilians from the south think of northeastern immigrants or poor people, most often we think about Paraíba, Ceará, etc. And we do not associate those states with black populations.

[Rafael]

@F.Sousa

International pressure? Why? The Brazilian population is not so backwards and juvenile, that it should be lectured about proper human behavior from the international community. There's a tacit rule when it comes to human societies: wherever there are differences, there will be prejudice. Brazil is not an exception to that, but it is not worse than most other countries either. Right now, we're watching much of the developed world population turning against some of its minority communities: Europeans against the Roma, Americans against the Hispanics, and both against Muslims. They are not the ones who are going to teach us about tolerance.

And Penna is right. The Northeast is not widely thought of as an area of heightened Afro-Brazilian presence. Rio de Janeiro, for instance, has a higher percentage of black-identified people than most Northeastern states.

[F.Sousa]

@Rafael: "The Brazilian population is not so backwards and juvenile"

Erhm ... http://revistagalileu.globo.com/Revista/Common/0,,EMI188720-17770,00-NO+TWITTER+PERFIL+HOMOFOBIASIM+INCITA+VIOLENCIA+CONTRA+HOMOSSEXUAIS.html

15 million disagree.

I'm not saying which said "developed countries" should sit down with us and give us a scolding to teach us manners. I'm talking about that the entities responsible for human rights and groups like NGOs around the world should support the present minority here but, as they would in any other country.

Not with respect to which at Northeastern that I could see there was actually a real reaction, beyond which no one denies how the situation was revolting.

But perhaps the issue of homosexuality because, as can be seen even in this past election candidates have fled their relationships with projects for the rights of gay people (and others) only to please the biased portion of the population and some dubious religious organizations .

I don't want foreign countries "to save the day ", I just want someone to show the ironic and stupid is this, whether international or not.

For this reason I said I wanted this kind of news to spread.

I hope you understand what I mean.

[Rafael]

"15 million disagree"

Actually, it was "only" 15 thousand.

The profile argues about "family values." If you know anything about US domestic politics, you'll know where such rhetoric was imported from - for in the US there are many, many conservative think-tanks that promote an anti-gay agenda under the guise of standing up for family values. As I've said before, bigotry is not some Brazilian-only commodity: even developed, "civilized" countries like the US have serious social tensions that they need to tackle.

I thank you for explaining what you meant previously - that you didn't say that Brazil should be scolded by developed countries. But I still believe the "international community" has no more to do with Brazilian politics than they do with, for example, that of the US.

[F.Sousa]

"15 million disagree"

"Actually, it was "only" 15 thousand."

My fault.

Yes I know very well that intolerance and prejudice are not only attributes of the least developed countries, and I know where it comes from crap like "family values". If it seemed that I'm overly valuing countries out or gave the impression that I believe they are more "tolerant" so I hope to have been more clear now.

But for me the case of Brazil is special because it sells a completely different picture.

Brazil does not sell the image of a country without prejudices? A country of all faiths, races and colors? Diversity? I want the world to know that not true, and I want the Brazilians to realize that is not true, I want the Brazilians feel ashamed to see how this statement is false. So I say they are hypocrites: This is not about all countries have problems with intolerance, it comes from Brazil want to pretend to be an exception.

But my argument isn't about the international countries give us an example, as already said. And yes the people outside who believe this image to see the truth, and that those who fight against prejudice around the world and of course also possible in Brazil do to help the affected minority here.

I honestly can not understand what would be wrong to want that to happen. I'm not asking anyone to solve our problems, much less think this is an issue that only concerns us. If bias exists in the world is natural that I wish that those who are against intolerance offer support to any group regardless of which continent they are.

Not the type who believes that "In a fight between husband and wife should not put the spoon", the more homophobia and prejudice as you have said is not only a problem in Brazil.

Bring to meddle, that anyone interested in helping "put the spoon," is what I want.

For me, the best way is the noise from all sides, so we can open our eyes.