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OFENSAS CORPORAIS | HOMICÍDIO QUALIFICADO | RACISMO | SOCIEDADE MULTIRRACIAL | PRINCÍPIO DA IGUALDADE RACIAL

 

Supreme Court of Justice, proc. 97P1203, 12.11.1997

 

JURISDICTION: Criminal

SUBJECT: Crimes of assault and aggravated murder

RAPPORTEUR: Joaquim Dias

RULING: Dismisses the defendants’ appeal, but amends the lower court ruling, convicting the 15 defendants as co-authors of several instances of assault and 11 defendants also as co-authors of one instance of aggravated murder, in total penalties ranging between two years’ imprisonment and seventeen years and six months’ imprisonment. Acquits the defendants of the charges against three of the victims. Declines to examine the appeals by the civil parties and by the public defenders.

DOMESTIC LAW:

Portuguese Constitution [Articles 13, 18(1), 29, 32, 37, 41, 320(1)]

Code of Criminal Procedure [Articles 66(5), 69, 119, 120(3)(a), 127, 147, 343, 355, 356, 357(1)(b), 368(2), 374, 379(a), 402(2)(a), 403(3), 410, 420, 426, 433, 436]

1982 Criminal Code [Articles 2, 9, 26, 30, 72, 73(2)(c), 74, 78, 131, 132(1)(2)(d)(f), 142, 144(2), 151, 155(1)]

1995 Criminal Code [Articles 2, 9, 14, 26, 30, 40, 66(5), 71, 72(2)(c), 77, 143, 146]

Decree-Law No. 387-B/87, of 29 December 1987 (Articles 48, 49)

Decree-Law No. 391/88, of 26 October 1988

Decree-Law No. 102/92, of 30 May 1992

Decree-Law No. 401/82, of 23 September 1982 (Article 4)

Legal Fees Code [Articles 74(1), 89(1)(b)]

Code of Civil Procedure [Article 669(1)(b)]

Supreme Court of Justice judgment, proc. 46223, 14.04.1994

Supreme Court of Justice judgment, proc. 48688, 07.02.1996

Supreme Court of Justice judgment, proc. 48025, 02.07.1996

Supreme Court of Justice judgment, proc. 59/97, 14.05.1997

Supreme Court of Justice judgment, proc. 78/97, 04.06.1997

Supreme Court of Justice judgment, proc. 1151/97, 30.10.1997

INTERNATIONAL LAW:

European Convention on Human Rights (Articles 9, 6)

FOREIGN LAW:

Italian Criminal Code [Article 564(1)(e)]

KEYWORDS: Assault; aggravated murder; genocide; right of expression and information; freedom of conscience, religion, and worship; nationalism; fascism; racism; Nazism; Salazar and his regime; racist strand; racist ideals; superiority of the white race; inferiority of the black race; racialism; opposition to racial mixing; “white pride”; “white power”; myth of the superiority of the white race; race or ethnic group; racial objective; immigration; individuals of black race;, immigrants from former colonies; hatred of the “black”, as a race to be expelled from Portugal; Nation; xenophobic ideas; incite collective violence; Skinheads; Skins; Shaved Heads; “Day of the Race/Day of Portugal”; national anthem; Nazi salute; nationalist and fascist ideologies; espoused racist ideals; exchange of insulting words; military-style boots; overall attitude of rage, violence, persecution and attack against individuals of black race; selective aggression of all black individuals encountered along the way; feelings of hatred and brute force; brutality; harassment of blacks; killed solely for being black; violent organizations; intimidation; courts’ duty to condemn racist ideals; multiracial society; principle of racial equality; social dignity; equality before the law, irrespective of race; Portuguese society does not tolerate racist acts; special reprehensibility and perversity; particularly reprehensible and shocking; insidious means of killing; triumphant pose of the hunter; racial discrimination; involvement in brawl; knowledge of each witness; rules of common experience; youth of the defendant; group psychology phenomenon; “Our religion is our race”; “Immigration, no thanks”; “Portugal free of niggers”; imbued with the spirit of the Day of the Race; “nigger, go away”; “nigger, you stink”; racist ideals endorsed and internalised; officials of the Angolan Army; “This one is a nigger, kill him!”; “Go back to your land because this is no place for you”; feeling of panic; state of shock; “Death to niggers”; “Portugal is ours”; assaulting all individuals of black race that crossed their path; utter lack of regret; national citizen; racist propaganda; family tradition; family, colleagues and friends from other races; irrespective of race, belief, religion and sex; leftist and Marxist-Leninist ideologies; promotion or dissemination of racist ideas; heavy influence of alcohol; respect of co-citizens of black race; xenophobe ideals; reasoning of the contested decision; dignify the court and justice, and serve the interests of the defence; principles of democratic justice; defence’s constitutional rights; feelings of hate and brute force, enraged; criminal intent; Constitution as expression of the popular will; non-retroactivity of criminal law which is less favourable to the defendant; assault against unfortunate X; customs and tradition of our people and our history; kill a man just because he is black; juvenile justice system; respect for the community’s fundamental interests; great social alarm; ask the victims’ forgiveness; attend X’s funeral

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE:

ALMEIDA, Fábio Chang de, “A Direita Radical em Portugal: da Revolução dos Cravos à Era da Internet” [The Radical Right in Portugal: From the Carnation Revolution to the Internet Age], Estudos Ibero-Americanos, 41(1), 2015, pp. 98-125.

ALMEIDA, Sara Alexandra de Carvalho, Os Bastidores dos Crimes de Ódio: Dimensões Sociais e Identitárias [Backstage to Hate Crimes: Social and Identity Dimensions], Braga, University of Minho, 2013, available at http://hdl.handle.net/1822/29294 [10.04.2022].

FRIEDRICH, Nicole, Diferença Cultural Sub Judice: Minorias Étnicas na Jurisprudência dos Tribunais Superiores Portugueses [Cultural Difference in Court: Ethnic Minorities in the Case Law of Portuguese Higher Courts], Braga, University of Minho, 2022, available at https://repositorium.sdum.uminho.pt/?locale=en.

SIMÕES, Fernando Bruno Santos, Dos Crimes Contra a Integridade Física: o Crime de Participação em Rixa Artigo 151.º no Código Penal Português [Crimes Against Physical Integrity: The Crime of Involvement in Brawl Article 151 of the Portuguese Criminal Code], Lisbon, Autonomous University of Lisbon, 2017, available at http://hdl.handle.net/11144/2988 [10.04.2022].

 

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Posted inAGGRAVATED MURDER ASSAULT PRINCIPLE OF RACIAL EQUALITY RACISM MULTIRACIAL SOCIETY
Tags“Our Religion Is Our Race” “Day of the Race/Day of Portugal” “This one is a nigger “Immigration, no Thanks” “Death to Niggers” “White Pride” “White Power” “Portugal is Ours” “Portugal Free of Niggers” “Nigger, You Stink” “Nigger Go Away” “Go Back To Your Land Because This Is No Place For You” Portuguese Society Does Not Tolerate Racist Acts Assaulting All Individuals of Black Race That Crossed Their Path Assault Against Unfortunate X Selective Aggression of All Black Individuals Encountered Along the Way Agressão Indiscriminada Triumphant Pose of The Hunter Opposition to Racial Mixing Military-Style Boots Brutality Shaved Heads National Citizen Utter Lack of Regret Constitution as Expression of The Popular Will Nationalist and Fascist Ideologies Customs and Tradition Of Our People and Our History Courts’ Duty to Condemn Racist Ideals Social Dignity Dignify The Court and Justice, and Serve The Interests of The Defence Right of Expression and Information Defence’s Constitutional Rights Racial Discrimination Great Social Alarm Special Reprehensibility and Perversity State of Shock Family Colleagues and Friends From Other Races Fascism Group Psychology Phenomenon Genocide Heavy Influence of Alcohol National Anthem Aggravated Murder Racist Ideals Espoused Racist Ideals Racist Ideals Endorsed and Internalised Xenophobe Ideals Xenophobic Ideas Leftist and Marxist-Leninist Ideologies Equality Before The Law, Irrespective of Race Imbued With The Spirit of The Day of The Race Immigration Incite Collective Violence Irrespective of Race Belief Religion and Sex Individuals of Black Race Inferiority of The Black Race Intimidation Non-Retroactivity of Criminal Law Which is Less Favourable to The Defendant Youth of The Defendant Freedom of Conscience Religion and Worship Kill Him!” Kill a Man Just Because He is Black Insidious Means of Killing Myth of The Superiority of The White Race Killed Solely For Being Black Nation Nationalism Nazism Racial Objective Hatred of The “Black”, as a Race to Be Expelled From Portugal Assault Officials of The Angolan Army Violent Organizations Immigrants From Former Colonies Involvement in Brawl Particularly Reprehensible and Shocking Ask The Victims’ Forgiveness Harassment of Blacks Overall Attitude of Rage Violence Persecution and Attack Against Individuals of Black Race Principle of Racial Equality Principles of Democratic Justice Reasoning of The Contested Decision Promotion or Dissemination of Racist Ideas Racist Propaganda Race or Ethnic Group Racialism Racism Knowledge of Each Witness Juvenile Justice System Rules of Common Experience Criminal Intent Respect For The Community’s Fundamental Interests Respect of Co-Citizens of Black Race Salazar and His Regime Nazi Salute Feeling of Panic Feelings of Hatred and Brute Force Feelings of Hate And Brute Force Enraged Skinheads Skins Multiracial Society Superiority of The White Race Attend X’s Funeral Family Tradition Exchange of Insulting Words Racist Strand