Prejudice could result in a sentence of up to six years.

Carol Siqueira, Chamber of Deputies Agency - The Chamber of Deputies is analyzing Bill 7582/14, by Representative Maria do Rosário (PT-RS), which defines hate crimes and intolerance. The objective is to punish discrimination based on class and social origin, sexual orientation, gender identity, age, religion, homelessness, disability, status as a migrant, refugee, or person displaced from their region by catastrophes and conflicts.

Anyone who assaults, kills, or violates the integrity of a person based on these types of prejudice will be convicted of a hate crime and will have the sentence for the main crime increased by a minimum of 1/6 and a maximum of 1/2.

The crime of intolerance will carry a prison sentence of one to six years, in addition to a fine, for those who engage in psychological violence (bullying); deny employment or promotion without legal justification; deny access to certain places or services, such as schools, public transportation, hotels, restaurants; deny the right to cultural expression or gender identity; and deny legal rights or create prohibitions that do not apply to other people. The exception to this rule is access to places of religious worship, which may be limited according to belief.

For those who practice, induce, or incite discrimination through hate speech or by creating and distributing discriminatory content, including via the internet, the penalty will also be one to six years in prison, in addition to a fine, and may be increased by between 1/6 and 1/2 if the offense incites the practice of a hate crime or intolerance.

Prevention
The bill also provides that the judge may apply other sanctions to those who commit hate crimes or intolerance as a preventive measure: suspending or restricting the right to carry a weapon, removing the aggressor from the home or from contact with the offended person, and prohibiting them from approaching or maintaining contact with the victim, their family members, and witnesses.

The proposal also stipulates that the Public Authorities should strive to create a culture of valuing and respecting diversity. The text establishes that public policies should seek the integration of victim protection agencies, the improvement of police services, the training of public servants, as well as the promotion of studies and research to map the causes, consequences, and frequency of hate crimes and intolerance.

"The comprehensive nature of this bill aims to demonstrate that no situation of vulnerability can be used to justify or mask human rights violations," says Maria do Rosário.

Conduct
The bill will be reviewed by the Constitution, Justice and Citizenship Committee and then by the Chamber's Plenary.