Key Facts
- A man was convicted in the first instance for a homophobic attack against Mayor Rafael Freire of Alpinópolis, MG.
- The attack occurred on June 14 via a post on the platform X (formerly Twitter).
- The defendant was sentenced to two years of reclusion and a fine of ten days, but the prison term was replaced by restrictive rights measures.
- Restrictive measures include community service and a payment of one minimum wage.
- The decision was made by the Vara Única of Alpinópolis on December 16 and is subject to appeal.
Quick Summary
A man has been convicted in the first instance for a homophobic attack against Rafael Freire, the mayor of Alpinópolis, Minas Gerais. The decision was issued on December 16 by the Vara Única of the local jurisdiction.
The conviction relates to a post made on the platform X on June 14 of the previous year. The court found that the content used offensive language targeting the mayor's sexual orientation. The judge ruled that the intent was to belittle the victim and his administration based on his orientation.
The defendant was sentenced to two years of reclusion and a fine of ten days. Despite the prison term, the sentence was converted into restrictive rights penalties. These include community service and a pecuniary payment equivalent to one minimum wage.
The Court Ruling
The Single Court of Alpinópolis issued a ruling on December 16 convicting a man for a homophobic attack against Mayor Rafael Freire of the PSB. The decision represents a verdict in the first instance, meaning it is not yet final and remains subject to appeal.
According to the sentence, the offense occurred through a publication made on June 14 of the previous year. The specific platform used for the attack was X, formerly known as Twitter. The court documentation details the nature of the digital aggression.
The presiding judge determined that the post utilized depreciative language with direct references to the mayor's sexuality. The judicial assessment concluded that the attack aimed to inferiorize the victim. Specifically, the goal was to undermine the victim's performance leading the municipal administration due to his sexual orientation.
Sentencing Details
The court imposed a sentence of two years of reclusion and the payment of a fine equivalent to ten days of wages. However, the judge substituted the prison time with restrictive rights measures. This legal mechanism allows for alternative penalties to incarceration.
The imposed restrictions include specific obligations for the convict:
- Community service, calculated at a rate of one hour for each day of the original sentence.
- A pecuniary payment equivalent to the value of one minimum wage.
- Deposit of the fine into the judicial account of the Alpinópolis district court.
These measures are intended to serve as punishment while avoiding standard imprisonment. The funds collected are directed to the local judicial treasury.
Legal Context
This case highlights the judicial response to digital crimes involving hate speech in Brazil. The ruling emphasizes that attacks based on sexual orientation, particularly against public officials, are being prosecuted under criminal law.
The conviction of Rafael Freire's attacker serves as a precedent for similar cases involving the PSB politician. While the verdict is currently in the first instance, it signals a willingness by the judiciary to penalize online harassment that targets personal characteristics to diminish public standing.
The case remains open to the appeals process. The defense may challenge the ruling in higher courts, potentially altering the final outcome of the restrictive sentences.
