Prosecutor requests Argentine tourist accused of racism in Brazil be held in preventive custody

The prosecutor in the case of Agostina Páez, a 29-year-old Argentine lawyer arrested in Brazil in mid-January accused of racist conduct, has requested she be sent to prison to await trial.  She could be sentenced up to 5 years in jail if found guilty Páez’s case, which began as a late-night argument in a bar and escalated to a racial incident, is at the center of a growing legal controversy that is making headlines in Argentina and Brazil.  The debate is split across the lines of what is an apt penalty for the offense. While some argue that jail time is too harsh a punishment, others have pointed out that responsibilities of Argentine citizens abroad is to know the law, in this case, Brazil’s strict anti-racism legislation. The case The incident took place at a bar in Ipanema, one of Rio’s most visited neighborhoods. 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, the woman 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. Páez’s 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.  On Thursday, prosecutors in Rio de Janeiro requested she be taken into preventive custody. They based their ask on the fact that the existing measures were insufficient to guarantee the integrity of the legal process. Paéz’s defense Páez’s legal team told Perfil newspaper that they have filed a habeas corpus petition seeking to lift the travel ban and allow her to return to Argentina while the case continues. They argued that the measures imposed are disproportionate, that their client poses no flight risk, and that her right to the presumption of innocence is being undermined.  The Brazilian courts have yet to rule on the request. The case has prompted reactions beyond the courtroom. In Argentina, nonprofit civil society organization Fundación Apolo has formally requested the intervention of the Argentine Foreign Ministry.  Fundación Apolo attorney Nicolás Silvera told the Herald that they are not defending Dr. Páez, but rather the right of Argentines not to be criminalized abroad. “Her rights are being violated, and Brazil is in breach of several international treaties ratified by both Argentina and Brazil,” said Silvera, accusing the police of using of her to “make an example.” The foundation has asked the foreign ministry to make a diplomatic protest and tell Brazil to “stop using an Argentine citizen as a scapegoat for the criminal policies of Latin American states.”