E/CN.4/1996/72/Add.1
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(k)
Law 8081/90: defines the crimes and lays down the penalties
applicable to discriminatory acts or acts originating from prejudices of race,
colour, religion, ethnicity or national origin, practised by the media or by
publications of whatever nature;
(l)
Law 8069: establishes the statute for the child and the teenager,
stipulating that no child or teenager will be the object of any form of
discrimination.
68.
However, the effectiveness of the laws has yet to be demonstrated
because the police receive very few complaints and there are very few trials
for racism or racial discrimination. The most frequent racist incidents are
verbal attacks or insults which, however, according to the Minister of
Justice, do not lead to complaints. When cases of racism are brought before
the criminal courts, it is difficult to provide proof. Accordingly, the
courts endeavour to provide redress for the moral injury suffered by the
victim. It has been decided to establish a category of offence defined as
"the offence of insult or moral injury involving racism" or "non-pecuniary
injury". Thus, in São Paulo a Black woman was the victim of a racist insult
in a supermarket: the case was brought before the court which imposed a
penalty for the non-pecuniary injury she had suffered. However, the fact
remains that the populations that suffer racism and racial discrimination are
the most underprivileged; they lack education; they are ignorant of the law;
in addition, they mistrust the courts. If they are reassured, they willingly
cooperate in establishing the truth. Thus, at the initiative of the
Government of the State of São Paulo, a Commissariat to combat racist
anti-Black and anti-Semitic crimes has been established, with which the
population willingly cooperates. For example, when a Black person looking for
a home replies to an advertisement and is turned down, a White person is sent;
if that person is accepted, a racist act is deemed to have occurred and those
involved are punished. There is also a national secretariat for citizens
which deals with measures to combat racism, particularly that affecting Blacks
and Jews.
C.
Administrative measures
69.
The following administrative measures were brought to the attention of
the Special Rapporteur. Brazil is a Federative Republic with 26 States, 4,491
municipalities and the Federal District. These units enjoy administrative and
political autonomy. Thus, each one develops its own action with regard to
combating discrimination. The following are examples of these actions:
(a)
The Municipality of São Paulo, the country’s biggest city, with
a 24 per cent Black population, created, in September 1989, the Special
Coordinating Office for Issues relating to the Black Population;
(b)
The Federal Police was directed to monitor the activities of
neo-Nazi groups. Inquiries have been initiated;