Brazilian lawyer Thiago Fiago comments on the recent changes to the complementary bill PLC122, which originally intended to criminalize homophobia. Fiago says the proposed bill has suffered a “death blow” and criticizes the role of religion, and particularly evangelical representatives, in the parliament.
We see the years of dedication Brazilian LGBT Advocacy rightly being negotiated with the homophobic thugs who, although not soiled their hands with blood, encourage violence motivated by homophobia and discrimination with their hate speech disguised as preaching religion and freedom of expression.
The alleged legal criticism, led by Silas Malafaia, Marcelo Crivella, Magno Malta and, although some appear, Demosthenes Torres, did not demonstrate an ignorance in the legal field, but the most naked legal nozzle (the time is frankly!) .
Already we have made the criticism of opponents of the PLC 122/2006 (refuting, especially alleged threats to freedom of expression and religion) and show how bad it was the new wording proposed by Senator Suplicy, except that we were surprised by an agreement with that CNBB prompted the return of an item proposed (unofficially) close to the time it was displayed that Senator Marcelo Crivella built and Demosthenes Torres (with ABGLT, too). This device consists of the PLC 122/2006 Substitute (Substitute the former Senator Fatima Cleide) to be presented tomorrow, 08/12, to vote in the Human Rights Commission of the Senate:
“The provisions of this Act does not apply to the peaceful demonstration of thought resulting from the faith and morals founded on freedom of conscience, belief and religion mentioned in section VI of the art. 5 of the Federal Constitution.”
The rationale was to ensure freedom of expression and religion in the Constitution, however, under the pretext of preserving our Charter Policy, ended up tearing it.
As stated, this device has even been officially proposed such opposition he encountered, especially from the Jewish community (and should have been taken by all religious organizations, human rights and secularists in the country) and also why, on about the very senator acknowledged the risk of it being deemed unconstitutional (and, in fact, is or will be, in the same text, the unconstitutionality some magically?). At the same matter, the criminal lawyer Octavio Aronis, Jewish Federation and Jewish Confederation Paulista of Brazil (Conibo), was emphatic:
– This change makes no sense and goes a precedent because it is very difficult to judge what is peaceful thinking. Will open up room for anything. Imagine the courts: there was a peaceful demonstration meant no offense and not accuse anyone! It is tearing the law, which is spectacular in the fight against hate crimes and other countries envied. And amending Article 20, which is the article capital, most importantly, it lets you bring the materiality of the crime [and cited example of the Jews themselves].
What, however, cheered me most were the wise words of Rabbi Michel Schlesinger, the Israelite Congregation Paulista (CIP), giving a lesson in many religious fundamentalists opposed to the PLC 122/2006:
– Freedom of expression can not be absolute. Freedom of expression can clash with society’s values. Again this conflict, involving priests, rabbis, pastors, sheikhs. Whether they can talk about many subjects, this freedom can not be unlimited. Care must be taken. Sermons and preaching against homosexuals, Jews, northeastern … It’s too bad, it’s terrible. It is an old challenge: to encourage freedom of expression and to draw the line. I think that Senator prudent to rethink the inclusion of this amendment.
The practical effects of this article? In addition to these lines exposed, as I suspected, everything will continue as it is: on TV, Malafaia and co. May continue to abuse their religious freedom to offend and incite discrimination against LGBT people, just like Bolsonaro, Magno Malta, Marco Feliciano and co. will, only in Congress, representing the “people” (LGBT except, of course). Finally, one can discriminate against LGBT people in God’s name (though even the most traditionalist reading of the Bible as the basis for it) the “moral and good customs” – but not african-Brazilian religions, as many evangelical pastors were convicted of practicing racism against them.
Example: The phrase “LGBT people are a cancer that deserves healing, as are all pedophiles” will continue to be told with impunity to the four corners but did not try it with black, religious, northeastern, because racism is a crime (Article 20 of Law antiracism ).
It is difficult to rely on fundamentalist evangelical bench not only for their blatant maneuvers to establish a theocracy in Brazil, but especially in this case, the audacity of Senator Crivella that he did not approve the substitute of Senator even though he practically a co-author of the same . Just compare the Mars-Crivella-Substitute of Demosthenes and Senator Suplicy.
Not only do not change the law does not punish the anti-racism and hate speech against the LGBT population, this article institutionalized homophobic hate speech. Is legalized homophobia. It is absurd in itself.
The inclusion of this unfortunate and unconstitutional article only confirms the criticism that the human rights of LGBT people are being massacred by this amendment. If someone suspicious of how bad it was, this is the definitive proof.
I understand the delicate position of Senator Martha, but if things are as they are is also the fault of President Dilma who, in a pinch, could mobilize its very wide power base and approve the # PLC122deVerdade.
And so goes the country “lying in a cradle forever splendid,” homophobia all concerned with our daily, also responsible for the country’s title as world champion murders of LGBT people.
by Thiago Fiago
Source – Global Voices Online
