Natal, Brazil, Enacts Law to Revoke Business Licenses for Racism and LGBTphobia
Natal, Brazil, has enacted a new law that mandates the revocation of operating licenses for establishments where security personnel engage in racist or LGBTphobic practices. Mayor Paulinho Freire (União Brasil) sanctioned the legislation, which was published in the Municipal Official Gazette on Tuesday, May 14, and is now in effect. The proposal, initially approved by the Natal City Council, aligns racist practices with Brazil's Federal Law nº 7.716/89, known as the Racism Law. The bill's author, councilwoman Brisa Bracchi (PT), cited numerous recent incidents of racism and LGBTphobia in Natal's commercial establishments as the impetus for the law, noting frequent reports of aggression and denial of access to public spaces for Black individuals. The law defines racial discrimination, institutional racism, structural racism, and LGBTphobia. While the city government will cover the law's expenses through its budget, Mayor Freire vetoed two provisions: a 60-day administrative process for infractions that could lead to temporary closure, and a five-year ban on obtaining a new license for repeat offenders. The mayor justified these vetoes by citing unconstitutionality and illegality, arguing that the original proposal encroached on the federal government's exclusive authority to legislate on penal, civil, commercial, and labor law. He also stated that the direct imposition of license revocation without prior, graduated sanctions like warnings or fines violates principles of proportionality and reasonableness, potentially infringing on constitutional guarantees of economic order and free initiative.
This legislation in Natal reflects a growing municipal and sub-national trend in Brazil to address persistent issues of discrimination, particularly racism and LGBTphobia, within commercial spaces. By linking these offenses to the revocation of business licenses, the law aims to create a direct economic disincentive for discriminatory practices. The mayor's vetoes, however, highlight a recurring tension between local initiatives and federal legislative authority, especially concerning penal and economic regulations. The arguments against immediate license revocation without graduated sanctions raise important questions about due process, proportionality, and the potential impact on legitimate economic activity. Future implementations will likely involve navigating these legal complexities and potentially developing more nuanced enforcement mechanisms that balance punitive measures with opportunities for corrective action and adherence to constitutional economic principles.
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