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Conviction

Judge sentences former Bolsonaro aide for racist gesture in the Senate

The prison sentence was converted to community service and compensation.

From the Editors

 

Wednesday, December 18, 2024

 

Updated at 11:58

 

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Former international advisor to former President Jair Bolsonaro, Filipe Martins , was convicted of the gesture associated with white supremacy made during a senatorial session in 2021. Judge David Wilson de Abreu Pardo, of the 12th Federal Court of the Federal District, handed down the sentence that imposed on Martins a sentence of two years and four months in prison for inciting racial prejudice.

 

The sentence, however, was replaced by 850 hours of community service, payment of 14 monthly installments of R$1,000 to a social institution to be designated by the judge, and compensation for collective moral damages in the amount of R$30,000.

 

The gesture occurred during a virtual session of the Senate, broadcast on the internet and on TV Senado. According to the investigation, Martins, who was sitting behind the president of the House, Rodrigo Pacheco, pretended to adjust the lapel of his blazer and made the gesture known as White Power, associated with a racist group that defends white supremacy.

 

 

Filipe Martins' sentence was replaced by community service and donation to an institution. (Image: Reproduction/TV Senado)

In the sentence, the judge considered that the gesture compromises the self-respect and dignity of individuals.

 

The defendant's performance of the gesture, with the serious meaning of white supremacy, in the complex circumstances always remembered, disseminates a non-verbal attack on people and social groups that have been historically vulnerable in Brazil, strengthening the narrative, against these people and social groups, that they are not included.

 

In a statement, Filipe Martins' defense stated that the sentence represents a "frontal attack" on the "most elementary foundations of Criminal Law", arguing that the judge did not present evidence of any discriminatory intent.

 

 If this understanding prevails, any Brazilian citizen could be arrested based on fanciful interpretations of his words or even his involuntary gestures , the lawyers stated.

 

The defense also said it will appeal the conviction.  We will use all national and international means to put an end to the judicial harassment that has been undertaken against Filipe Martins and we will appeal so that justice is reestablished, with the technical rigor, impartiality and respect for the law that the law demands , the defense added.

 

Case :  1022041-26.2021.4.01.3400

 

 link: https://www.migalhas.com.br/quentes/421800/juiz-condena-ex-assessor-de-bolsonaro-por-gesto-racista-no-senado