The Bar recognizes that a hate crime is difficult to prove in court.

The Chairman of the Bar Association’s Human Rights Commission (CDHOA) today admitted that it is difficult to apply the crime of “discrimination and incitement to hatred and violence”, creating a public perception that justice can do nothing in these cases.

Speaking to Lusa on Tuesday’s International Day Against Hate Speech, Cristina Borges de Pinho commented on the recent changes to Article 240 of the Criminal Code, saying that “this type of crime is difficult to enforce.” in accordance with the requirements he makes.”

“In particular, it must be carried out in a public place, not a private one, and there must be threats, insults, slander, in short, violent behavior carried out through a medium that allows distribution,” which creates “a series of requirements that then make practical application difficult.” criminal offenses,” said the head of the State Administration.

“This is why we know of few open investigations and, as a result, very few accusations,” said Cristina Borges de Pinho, while stressing that this issue should also be addressed not only in the courts, but also in other forums.

“Sometimes there is an exaggeration of criminal law and it should be reserved for more serious and undesirable cases,” he said, while emphasizing that much hate speech ends up being dealt with in the courts in other types of civil suits or other crimes. .

“These less serious and less reprehensible acts also do not go unpunished” and are “often counted among other crimes” “such as xenophobia or racism.”

Expanding the scope of the hate crime certificate and taking legal action for online abuse also “depreciates the deterrent nature of criminal punishment a little bit, which is not a good thing.”