The document, promoted by the Joint Action Group against Racism and Xenophobia, states that the current legal classification of discriminatory practices motivated by racial and ethnic origin, color, nationality, ancestry, and territory of origin, “as mere administrative offenses – infractions – is insufficient and affronts the fundamental values supporting a just and democratic society.”
“The condemnation of discriminatory speech based on ethnic-racial origin, national origin, or skin color, under the terms of Article 240 of the Penal Code, has proven ineffective, leaving victims without criminal protection,” the document asserts.
It considers that the legal approach has been counterproductive and states that the available data on the number of complaints, processed cases, and convictions for discriminatory practices “demonstrate the ineffectiveness of the legal and judicial system in dealing with this reality.”
The Group, composed of 80 collectives, argues that maintaining this legal framework “undermines the credibility of justice and the rule of law,” leaving victims unprotected, perpetuating injustice, and fostering disrespect for fundamental human rights.
It also cites information presented in the latest report from the Commission for Equality and Against Racial Discrimination (CICDR) from 2022, which indicates 491 submissions, complaints, and reports, with only 97 (about 20%) being converted into infraction proceedings.
“Note that among these 97 cases, only 11 resulted in convictions, a fact that undermines the deterrence function of the legislation, a weakness publicly acknowledged in an interview by the current president of the CICDR,” the text states.
It also warns that this body, created as an independent authority attached to the Assembly of the Republic, “is not fully operational, awaiting the regulation of the mentioned law.”
“Indeed, anyone wishing to file a report with the CICDR, at this moment, has to use an email address created on Google, and the appointed president is the only person in operation at this entity,” it says.
The 24,000 people signing the Legislative Initiative want Article 240 of the Penal Code, which provides for and punishes the crime of discrimination and incitement to hatred, “to no longer require the condition of being committed through means intended for public dissemination,” making this requirement an aggravating factor.
“The Portuguese legislator cannot continue to attribute criminal dignity to the crime of discrimination and incitement to hatred only in those situations, leaving out of criminal protection all cases where the same behaviors against the same people cease to be crimes when committed face-to-face, eye-to-eye,” they emphasize.
The signatures will be submitted on Thursday to the Assembly of the Republic, and on Sunday, marking the International Day Against Fascism and Antisemitism, the Joint Action Group will assess the initiative and present the next actions to be undertaken. The presentation will take place at Casa do Comum in Lisbon.
