TJ of São Paulo acquits councilor Camilo Cristófaro of racism

The São Paulo Court of Justice (TJSP) acquitted the councilor of the capital Camilo Cristófaro (Avante) of committing racism, for a statement given at a meeting of the Parliamentary Commission of Inquiry (CPI) of Applications, on May 3, 2022. On that occasion, the parliamentarian said that “they fixed and didn’t wash the sidewalk” and referred to the service that he criticized as “it’s a black thing”. The conversation became public after being leaked. In the opinion of the Court, which cited item III of Article 386, the councilor’s attitude did not constitute a crime. In order to file a lawsuit against Cristófaro at the São Paulo City Council, it was necessary to submit the proposal to a vote, which ended with 51 votes in favor and none against, at the end of May 2022. The applicable penalties were the suspension and revocation of the mandate. A month later, the Internal Affairs of the House received a request from the TJSP for the rapporteur of the process, the councilor Elaine do Quilombo Periférico (PSOL) to stop conducting it, alleging partiality of the councilor. Those who presented representations against Cristófaro for the episode were councilors Luana Alves (PSOL) and Sonaira Fernandes (Republicans), as well as federal deputy Alexandre Leite (União Brasil), son of the mayor, Milton Leite, and another resident of São Paulo . Cristófaro’s speech generated reactions from the black movement, which held an act, in May of last year, in front of the City Hall of São Paulo. Protesters called for the annulment of his mandate. Camilo Cristófaro had already defended himself against the accusation. The councilor said it was “a joke”. After passing through the plenary, the process enters the instruction phase, when Camilo Cristófaro will be able to defend himself. The action may lead to the suspension or revocation of his mandate. Through her advisory, councilor Luana Alves said that “it is very likely that the prosecution will appeal” the decision and highlighted that it is the first instance. “It is a decision that saddens us a lot, because it was absolutely proven by the prosecution that the speech is racist. This is something that any person with common sense knows how to understand, which is a black thing. The battle does not end here. Our fight is a long-term one against racism and racial discrimination in any Legislative House. We will not remain silent, we will not stop denouncing, pointing out, when this type of thing happens. Racism occurs in several ways, both in the non-participation of black people in spaces”, he says, in an audio sent to the report. Sought by Agência Brasil, the Public Prosecutor’s Office, which spoke during the process, said that the decision had not yet been formally communicated.

Agência Brasil