By unanimous decision, the 3rd Criminal Court of the Federal District and Territories Court (TJDFT) maintained the conviction of a man for racial insult and threat, following an episode that occurred in June 2021. The collegial decision accepted the accusation's request for moral damages. According to the DF Justice, the defendant must be condemned to pay compensation for the moral damages caused, because an explicit request was made in this regard in the indictment. The defendant must pay R$ 5,000 in moral damages caused by the racial insult. According to the process, in June 2021, in Asa Norte, Brasília/DF, after a dispute over parking, the parties went to the police station because the defendant had threatened the victims with a knife. However, when they left the police station, the accused offended the honor of the victim by calling her a 'monkey'. The defendant was convicted of racial insult and threat. In the appeal, the accusation requested a minimum value for moral damages. The defendant's defense requested acquittal for the crime of threat, arguing that the victims did not manifest fear in the face of the alleged threat. It also argued that no expertise was conducted to prove the object's harmful capacity. When judging the appeals, the Court pointed out that the materiality and authorship were proven in the process and emphasized that, after the procedures were completed at the police station, witnesses, including military police, witnessed the defendant uttering a racial offense against the victim. In this sense, the collegial decision explains that it was found, through the accused's conduct, that he had the intention of discriminating against the victim because of her race or ethnicity, 'since the term 'monkey' is historically used to belittle black people, which constitutes qualified insult', wrote the judge.
https://jornaldebrasilia.com.br/brasilia/condenado-por-ameaca-e-injuria-racial-deve-indenizar-a-vitima/