MPF calls for conviction of Júlio Cocielo for crime of racism

The Federal Public Ministry requested the conviction of Júlio Cocielo for the crime of racism. The organization identified nine times in which an influencer allegedly practiced racial prejudice in publications made on X, formerly Twitter, between 2011 and 2018, such as “Brazil would be more beautiful if there was no such thing as racist jokes, but since it is prohibited, the only solution is to exterminate black people.”

In the list, there are other messages cited in the process such as “nothing against black people, apart from melanin…” and “mbappé could do some great drags on the beach, huh”. The last message, alluding to the speed of French player of African descent Kylian Mbappé, was published in June 2018. After the negative repercussion, Cocielo, who also presents himself as a comedian, deleted around 50 thousand tweets and issued an apology. O F5 He sought Cocielo’s advice and did not receive a response.

The MPF reinforced that freedom of expression must be exercised in harmony with other fundamental rights. He also said that free expression of thought does not allow manifestations that imply incitement to racism. “Even though the defendant is a comedian, it is not possible to discern a comical tone, social criticism or irony in the messages. On the contrary, they are clear and direct regarding the defendant’s contempt for the black population”, highlighted Public Prosecutor João Paulo Lordelo.

Still in the final arguments presented at the 1st Federal Court of Justice of Osasco (SP), in November this year, Lordelo highlighted: “The defendant, without any subtlety, reinforces stereotypes of the black population – miserable people, bandits and monkeys – with no opening, in his speech, which allows us to glimpse some form of satire (…) It’s not humor; it’s mockery.”

Júlio Cocielo was charged with the crime set out in article 20 of Law No. 7,716/89 (known as the Racism Law), which provides for sentencing for anyone who practices, induces or incites discrimination or prejudice based on race, color, ethnicity, religion or national origin. Each post could result in a sentence of up to five years in prison, considering the aggravating factor that the messages were posted on a social network.

The complaint against the comedian was originally filed by the Public Ministry of the State of São Paulo. The case reached the MPF in 2022, which presented its final arguments in November 2023, reaffirming the accusation against the influencer. The process was confidential until December 2023, when the Federal Court accepted a request from the agency and made it public.