Brazil has strict anti-racism laws.
An Argentinian tourist is facing trial in Brazil after she made racist gestures toward bar staff in January. A video recording of Agostina Páez imitating a monkey went viral in Brazil and caused widespread backlash for the 29-year-old woman. If convicted, she could be sentenced to up to five years in prison.
Páez and her friends were at a beachside bar in Rio when the altercation with the staff occurred over the tab. She said in interviews that they were overcharged and, as they were leaving, the staff made obscene gestures toward them. She then imitated a monkey and called them racial slurs—actions that are illegal in the country.
Brazil has strict anti-racism laws, and offenders can receive sentences of up to five years. In Páez’s case, the prosecutor has demanded two years in prison and a fine of $150,000 for the three victims.
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She was arrested after the employees called the police and was charged with “injúria racial.” Páez had to give up her passport and wear an ankle monitor while awaiting trial. She faces racism charges against three people, which could add up to 15 years in prison, but prosecutors have unified it into one charge. Páez has since apologized publicly in videos and in court, saying that she regrets her actions and understands the seriousness of the offense.
The judge allowed her to return to Argentina under house arrest after she was detained. She was required to pay a bond of $18,000 and can await sentencing in her home country. The judge may reduce the sentence, which she could serve in Argentina, or assign her community service because she has no prior convictions in Brazil.
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The case has divided public opinion. Conservative politicians in Argentina believe the situation has gone too far and are framing her as a victim. Meanwhile, in Brazil, it is seen as the justice system holding individuals accountable.
Brazil has the largest population of African descent outside Africa, and more than half the country identifies as Black or mixed race. Around 2 million enslaved Africans were forced to come to Brazil from the 16th to the 19th centuries. The country banned slavery in 1888, and although laws against racism have existed since the 1950s, it became a punishable offense in the constitution in 1988. Systemic discrimination against people of color, however, persists, and Black and mixed-race citizens are more likely to live in poverty than white Brazilians.
With a long history of injustices against Black people, activists have been pushing for better enforcement of anti-racism laws. The case of the Argentinian tourist is seen as a means to seek justice, prosecutor Fabíola Tardin said. He said in an interview that she cannot waive Brazilian law because she was unaware of it. Her behavior is not justified, he told the court.
This may be an extreme situation, but travelers have a responsibility to follow local customs and abide by the law. European countries are increasingly fining tourists for acting brazenly in public places. Many land in trouble in Bali for ignoring the sanctity of temples, as the country now takes a tough stance against such acts—you could be deported. Punishments in other countries can be even harsher, so make sure you read up before bringing anything illegal or saying something inappropriate.
This may be an extreme situation, but travelers have a responsibility to follow local customs and abide by the law. European countries are increasingly fining tourists for acting brazenly in public places. Many land in trouble in Bali for ignoring the sanctity of temples, as the country now takes a tough stance against such acts—you could be deported. Punishments in other countries can be even harsher, so make sure you read up before bringing anything illegal or saying something inappropriate.
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