E/CN.4/1996/72/Add.1
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transforming Brazilian society. Nevertheless, Pele recently levelled severe
criticism at Brazil’s political class and called on the Afro-Brazilians to
take their fate into their own hands by voting en masse for candidates from
their own community at the forthcoming legislative elections. 36/
B.
Constitutional guarantees and legislation
against racism and racial discrimination
67.
The 1988 Federal Constitution contains strict provisions to punish
racism. It is supplemented by a set of laws which prohibit racism and a
variety of discriminatory practices, including incitement to racial
discrimination and racist propaganda, and racism in the media and
publications. The following information is taken from a communication
from the Government of Brazil, dated 8 May 1995:
(a)
Federal Constitution of 1988 (art. 5, XLII) prohibits the practice
of discrimination, of whatever nature, like racism, which, having been
previously considered to be a "contravençao" (a less serious offence) was
reclassified as a non-bailable crime not subject to statute of limitations;
(b)
Law 1930/51: includes among the "contravençoes penais" the
practice of acts motivated by racial or colour prejudice;
(c)
Law 2809/56: defines the crime of genocide and punishes the
destruction, in whole or in part, of national, ethnic, racial or religious
groups;
(d)
Law 4117/62: establishes the Brazilian Code of Telecommunications,
punishing the use of communications media for the promotion of discriminatory
practices;
(e)
Law 5250/67: regulates the freedom of thought and information,
prohibiting the dissemination, by whatever means, of racial prejudices;
(f)
Law 6620/78: defines the crimes against national security, among
which those of incitement of hatred or racial discrimination;
(g)
Law 7716/89: deals with crimes motivated by racial or colour
prejudices, regulating, thus, article 5, XLII, of the Federal Constitution;
(h)
Law 7437/85; punishes practices and acts arising from racial or
colour prejudice, in particular in the provision of services or in access to
public places;
(i)
Law 8072/90: deals with the so-called heinous crimes, which
include genocide, stating that amnesty, grace, pardon, bail and provisional
release are not applicable to them;
(j)
Law 8078/90: deals with consumer’s protection, prohibiting
misleading or discriminatory advertising as well as advertising that incites
violence;