PLC 122: the anti-“homofobia” bill in the Brazilian Congress
Following is the complete bill PLC 122. It was approved in the House of Representatives in 2006 and since then it is in the Brazilian Senate. The strong resistance from the Brazilian people has delayed government efforts to approve it in the Senate.
FINAL COMPOSITION
BILL 5.003-B, of 2001
It alters Law 7.716, of January 5, 1989, which defines crimes provoked by prejudice of race or skin color, puts new wording to § 3 of the article 140 of the Law 2.848, of December 7, 1940 — Penal Code, and to the article 5 of the Labor Consolidation Laws, approved by the Law 5.452, of May 1, 1943, and enforces other measures.
NATIONAL CONGRESS decrees:
Article 1: This Law alters Law 7.716, of January 5, 1989, Law 2.848, of December 7, 1940 — Penal Code, and the Labor Consolidation Laws, approved by the Law 5.452, of May 1, 1943, defining crimes provoked by discrimination or prejudice of gender, sex, sexual orientation and gender identity.
Article 2: The amendment to the Law 7.716, of January 5, 1989, is now put in force with the following wording:
“It defines crimes provoked by discrimination or prejudice of race, skin color, ethnicity, religion, national origin, gender, sex, sexual orientation and gender identity”. (NR)
Article 3: The caput of the article 1 of the Law 7.716, of January 5, 1989, is put now in force with the following wording:
“Article 1: Crimes provoked by discrimination or prejudice of race, skin color, ethnicity, religion, national origin, gender, sex, sexual orientation and gender identity will be punished, in the form of this Law”. (NR)
Article 4: Law 7.716, of January 5, 1989, is now put in force with of the addition of the following article 4-A:
“Article 4 — Direct or indirect actions of dismissal by an employer or his representative: Penalty: between 2 (two) and 5 (five) years of incarceration”.
Article 5: Articles 5, 6 and 7 of the Law 7.716, of January 5, 1989, are now put in force with the following wording:
“Article 5: To hinder, refuse or prohibit the entrance or permanence in any public or private setting or establishment, open to the public: Penalty: between 1 (one) and 3 (three) years of incarceration”. (NR)
“Article 6: To Refuse, deny, hinder, ignore, prejudice, defer or exclude, in any system of educational selection, enrollment or professional promotion: Penalty: between 3 (three) and 5 (five) years of incarceration. Sole paragraph. (Revoked)” (NR)
“Article 7: To overtax, refuse, ignore or hinder the lodging in hotels, motels, boarding houses or similar places: Penalty: between 3 (three) and 5 (five) years of incarceration”. (NR)
Article 6: Law 7.716, of January 5, 1989, is now put in force with the addition of the following article 7-A:
“Article 7: To overtax, refuse, ignore or hinder the rent, purchase, acquisition, leasing or loan of real state or equipment of any purpose: Penalty: between 2 (two) and 5 (five) years of incarceration”.
Article 7: Law 7.716, of January 5, 1989, is now put in force with the addition of the following articles 8-A and 8-B:
“Article 8-A: To hinder or restrict the expression and manifestation of affection in public or private places open to all people, because of characteristics foreseen in the 1st article of this Law: Penalty: between 2 (two) and 5 (five) years of incarceration”.
“Article 8-B: To forbid the free expression and manifestation of affection of a homosexual, bisexual or transgender citizen, when these expressions and manifestations are allowed to other citizens: Penalty: between 2 (two) and 5 (five) years of incarceration”.
Article 8: Articles 16 and 20 of the Law 7.716, of January 5, 1989, are now put in force with the following wording:
“Article 16. Consequences to violators:
I — The loss of the public position or job, for federal employees;
II — Disqualification for contracts with agencies directly or indirectly associated to the federal government;
III — No access to credits granted by the government and its financial institutions or to development programs instituted or maintained by them;
IV — No exemption, suspension, amnesty or any benefits in taxes;
V — Fines of up to 10.000 (ten thousand) UFIRs, which can be multiplied up to 10 (ten) times in case of recidivism, being taken into account the offender’s financial capacity;
VI — Suspension of the operation of the establishments for a period up to 3 (three) months.
§ 1 Resources coming from the fines established by this Law will be destined to educational efforts against discrimination.
§ 2 When the illicit action is practiced by those having contract, concession and permission from the government, besides the individual responsibilities, the penalty of rescission of the contract, agreement or permission will be added.
§ 3 In any case, the period for disqualification will be 12 (twelve) months, counted from the date of the application of the sanction.
§ 4 The cadastral information and the references invoked as justifying a discrimination will be always accessible to all those that are subject to selective process, where their participation is concerned”. (NR)
“Art. 20. To practice, induce or incite discrimination or prejudice of race, skin color, ethnicity, religion, national origin, gender, sex, sexual orientation and gender identity:
§ 5 What is determined in this article involves the practice of any kind of violent, constraining, threatening or humiliating action, of moral, ethical, philosophical or psychological order”. (NR)
Article 9: Law 7.716, of January 5, 1989, is now put in force with the addition of the following articles 20-A and 20-B:
“Article 20-A. The practice of the discriminatory actions referred to in this Law will be investigated in an administrative and penal process, which will be initiated by:
I — complaint by an offended individual;
II – formal notification by a competent authority;
III – notification by non-government organizations of defense of citizenship and human rights”.
“Art. 20-B. The interpretation of the determinations of this Law and of all of the normative means for protection of the rights of equality of opportunity and treatment will meet the principle of the widest protection of the human rights.
§ 1 In that intention, compliance is to be given not only to the principles and rights foreseen in this Law, but also to all of the determinations of international treaties or conventions which Brazil is signatory of, to the national legislation and administrative determinations.
§ 2 For interpretation and application of this Law, compliance is to be given, whenever is more favorable to the antidiscrimination fight, to the guidelines made by the International Courts of Human Rights, properly recognized by Brazil”.
Article 10. § 3 of the article 140 of the Law 2.848, of December 7, 1940 — Penal code, is now put in force with the following wording:
“Article 140.
§ 3 If an offense concerns the use of elements referring to race, skin color, ethnicity, religion, national origin, gender, sex, sexual orientation and gender identity, or old age or deficiency of an individual: Penalty: between 1 (one) and 3 (three) years of incarceration and fine”. (NR)
Article 11. Article 5 of the Consolidation of the Labor Laws — CLL, approved by the Law 5.452, of May 1, 1943, is now put in force added of the following only paragraph:
“Article 5
Sole paragraph. It is forbidden any discriminatory and limiting practice regarding to access to a job, or its maintenance, because of sex, sexual orientation and gender identity, origin, race, skin color, marital status, family situation or age. The only exception is the hypotheses of protection to minors foreseen in the clause XXXIII of the caput of the article 7 of the Federal Constitution”. (NR)
Art. 12. This Law goes into effect in the date of its publication.
House of Representatives, November 23, 2006.
Relator
Translation: Julio Severo
To understand how this threatening bill has been resisted in Brazil, read this article by Julio Severo:
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