Gay pride flag Reproduction/Social media Mayor Paulinho Freire (União Brasil) sanctioned a law that provides for the revocation of the operating license of establishments in which security services engage in racist and LGBTphobic practices. The new legislation was published this Tuesday (14) in the Official Gazette of the Municipality (DOM) and is now in force. ? Click here to follow the g1 RN channel on WhatsApp The proposal was approved by the Natal City Council before reaching the Executive Branch. The racist practices provided for by law are in accordance with Federal Law No. 7,716/89, known as the Racism Law. In her justification, councilor Brisa Bracchi (PT), author of the project, mentioned that the PL occurs in the context in which "several commercial establishments in the City of Natal have presented several cases of racism and LGBTphobia".
Law provides for revocation of licenses for establishments in cases of racism and LGBTphobia in Natal
Gay pride flag Reproduction/Social media Mayor Paulinho Freire (União Brasil) sanctioned a law that provides for the revocation of the operating license of establishments in which security services engage in racist and...
"It should be noted that every week the news in our city is flooded with reports of attacks and even the prohibition of black people from visiting certain spaces that are for public use", cited the project. The law considers: Racial or ethnic-racial discrimination: any distinction, exclusion or restriction based on race, color, descent, national or ethnic-racial origin that aims to restrict the recognition, enjoyment or exercise, under equal conditions, of human rights and fundamental freedoms, in the political, economic, social fields or in any field of public or private life, ensuring the provisions contained in the legislation relevant to the matter; Institutional racism: systemic actions or omissions characterized by formal and non-formal norms, practices, criteria and standards of diagnosis and care, of an organizational and institutional, public and private nature, resulting from prejudices, racism or stereotypes, which result in discrimination and lack of effectiveness in providing and offering qualified activities and services to people based on their race, color, ancestry, culture, religion, racial or ethnic-racial origin; Structural racism: it is the mechanism of oppression rooted in society, which places individuals in the same society at disparity. Groups discriminated against due to structural racism are structurally affected by the union of cultural, institutional, historical and interpersonal economic practices contained in the social sphere, creating privileges for a certain social group and discrimination and disadvantages for others, due to their race or ethnicity, preventing them from ascending socially or occupying places of power and representation in society; LGBTphobia: is the hatred and prejudice aimed at lesbians, gays, bisexuals, transsexuals, transvestites, transgender people and other gender identities and sexualities that do not fit into society's heteronormative and cisgender standards. The city hall foresees that the expenses with the execution of the law will be covered by its own budget, supplemented if necessary. In her justification, the author of the project mentions that it has the power to "signal to companies interested in operating in the Municipality of Natal regarding the importance of good practices and the need for special attention to groups that are currently the target of countless forms of violence, such as black men and women and LGBTI people". Vetos Mayor Paulinho Freire vetoed two points included in the project approved by the Chamber. One of them pointed out that, after the Municipality found the infraction, administrative proceedings would be initiated to be completed within 60 days. The topic allowed the establishment to be temporarily closed during this period or the organizers to be unable to contract with the public administration. The other vetoed point dealt with the five-year ban on obtaining a new license in the same sector for establishments that committed the infraction. In a message on the DOM, the mayor justified the vetoes by stating that, despite the project having legitimacy in combating discrimination, it "suffers from defects of unconstitutionality and illegality that fully compromise its legal validity". According to the document, "the first unconstitutionality identified arises from the invasion of the Federal Union's exclusive competence to legislate on criminal law, civil law, commercial law and labor law." The manager also mentions that the revocation of the license is the main penalty for the establishment and mentions that "the direct imposition of this extreme penalty, without the provision of prior and gradual sanctions, such as a warning, progressive monetary fine or temporary suspension of activities for readaptation and team training, directly contravenes the postulates of proportionality and reasonableness". According to the message, these are "sanctions that completely make the exercise of lawful economic activity unfeasible, without strict criteria of gradation and proportionality, violating the constitutional guarantees of the economic order and free enterprise." Most watched videos on g1 RN
This story was originally published by G1. Visit the original publication for further details.
Open original publication