STF decide que injúria racial é crime imprescritível e inafiançável
O Supremo Tribunal Federal (STF) decidiu que o crime de injúria racial também deve ser declarado imprescritível e inafiançável, tal como previsto na Constituição para o crime de racismo. O placar foi de oito a um, ficando vencido apenas o ministro Kassio Nunes Marques.
Em novembro do ano passado, quando a análise do processo teve início, o ministro Edson Fachin votou para equiparar os dois crimes. Para o relator, a prática da injúria racial torna a discriminação sistemática, sendo, portanto, "uma forma de realizar o racismo".
Na sessão seguinte, o ministro indicado pelo presidente Jair Bolsonaro votou em sentido contrário. Segundo Nunes Marques, como a Constituição não menciona que a injúria racial é imprescritível, isso só poderia ser implementado mediante lei aprovada no Congresso.
O julgamento foi suspenso, na ocasião, por pedido de vista do ministro Alexandre de Moraes. A sessão desta quinta-feira foi retomada com o seu voto. Ele acompanhou o relator.
Também o fizeram os ministros Luís Roberto Barroso, Rosa Weber, Dias Toffoli, Cármen Lúcia, Ricardo Lewandowski e Luiz Fux. O ministro Gilmar Mendes não participou do julgamento.
A ação chegou ao STF em 2018 e estava pronta para ser julgada desde setembro de 2020, mas Fux só o incluiu na pauta após as repercussões do assassinato de João Alberto Freitas...
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