Argentine tourist accused of racism in Brazil released after brief detention

On Friday morning, a Brazilian court first granted a prosecutor’s request that Argentine tourist Agostina Páez, who is facing accusations of making racist insults, be taken into preventive custody to await trial.  A few hours later, she was released thanks to a habeas corpus filed by her legal team. This was confirmed by attorney Sebastián Robles to Clarín newspaper in Río de Janeiro. Páez, a 29-year-old attorney from Santiago del Estero, had been under house arrest with an electronic ankle monitor. That arrangement was revoked on Thursday on the grounds of alleged flight risk.  Following the release, the woman returned to her previous arrangement. She must now wait for the Brazilian judiciary to set a date for her trial. She could be sentenced up to 5 years in jail if found guilty The decision to take her into custody sent shock waves through Argentina and made headlines everywhere. Nicolás Silvera, an attorney from the nonprofit organization Fundación Apolo who has requested the foreign ministry intervene on Paéz’s behalf, called the brief imprisonment a “true act of barbarism.”  At the time of writing, there has been no news regarding a formal government presentation.  The case The Paéz case is at the center of a growing legal controversy that is making headlines in Argentina and Brazil. While some argue that jail time is too harsh a punishment for a racist offense, others have pointed out that the responsibility of Argentine citizens abroad is to know the law, in this case, Brazil’s strict anti-racism legislation. The incident took place on January 14. According to the complaint filed by employees, Páez allegedly directed racist insults at staff members during a dispute over the bill. In addition to using derogatory language, she used gestures considered deeply offensive in Brazil. The workers contacted the police, and Páez was arrested shortly afterwards. Under Brazilian law, racism and racial insults are treated as serious criminal offenses. Offenders cannot be granted bail and can receive prison sentences of up to five years.  Páez was formally charged with “injúria racial,” a classification that reflects Brazil’s zero-tolerance approach to racial discrimination, shaped by the country’s long history of racial inequality and violence. Her passport was taken, and she was imposed precautionary measures that included the use of an electronic ankle monitor. She was allowed to remain free while the investigation proceeded but was barred from leaving the country.  The Argentine tourist has maintained her innocence. In videos posted on social media, she characterized the situation as “terrorizing,” adding that her rights were being “violated.” Paéz asserted that her conduct was never meant to be racially offensive and was triggered by a dispute over the bar bill.  Her defenders have additionally pointed to security footage reportedly showing provocations and offensive gestures by bar staff prior to the escalation. This has not been made public yet. On late Thursday, Páez posted a video on her Instagram account in which she announced that she had received the arrest warrant, which was executed this Friday.  “My rights are being violated. Help me!” she implored.