Two brothers were convicted of racial slur and bodily harm after attacking a man and calling him "monkey", "beans", "black" and "poor" during a disturbance at a kiosk on Camburi Beach, in Vitória.
The victim had a ruptured knee tendon, needed surgery and was unable to walk for months. The sentence was handed down last Monday (9), but the convicts remain free. The decision is of first instance and can still be appealed.
Frederico Falquetto Camporez and Henrique Falquetto Camporez each received a sentence of three years' imprisonment and three months' detention, in addition to a fine. The prison sentence was replaced by alternative measures, and the execution of the detention was suspended. The defense informed that it will appeal to the Espírito Santo Court of Justice (TJES).
The confusion happened around 12:48 am on September 22, 2024, at a kiosk on Avenida Dante Michelini, in Camburi. According to the process, the victim was at the establishment to meet his partner and friends when the brothers approached the woman and began to insistently approach her.
According to the complaint from the Public Ministry of Espírito Santo (MPES), even after she reported that she was compromised, the two continued their approach and began to verbally abuse her.
Upon learning of what had happened, the woman's partner approached the brothers to question their behavior. The argument ended in physical aggression.
According to the records, the man was pushed, fell to the ground and ruptured the tendon in his knee, making it impossible to get up. Even though he fell, he continued to be attacked with kicks to the stomach, head and mouth. During the attack, he was also the target of racist insults.
In a statement to the court, the victim said that he had to undergo surgery and was unable to walk for months. Because of his injuries, he was also prevented from working as a rural producer.
He reported having spent approximately R$8,000 on surgery and another R$3,000 on physiotherapy and exams. He also stated that he developed depression after the episode.
Frederico and Henrique's defense stated that they respect the court decision, but disagree with the conviction and will appeal.
The brothers denied having committed racist offenses and maintained that they participated in a fight that they did not start. During the process, they claimed to have acted in self-defense.
Henrique admitted to having approached the victim's partner, but stated that she had initiated the offenses. Frederico declared that he got into the fight to defend his brother.
Lawyers also questioned the evidence used in the conviction. According to the defense, there are no images of the confusion, despite the records being requested shortly after the incident. They also stated that people appointed as in-person witnesses were not heard.
"The defense understands that the evidence produced does not authorize conviction. These issues will be taken to the Court", he informed.
The court, however, rejected the thesis of self-defense. In the sentence, judge Gisele Souza de Oliveira, from the 4th Criminal Court of Vitória, considered that the victims' reports, together with the other evidence and the report on bodily injuries, demonstrated the brothers' responsibility for the attacks.
The judge also understood that racist insults were used consciously to humiliate the victim because of the color of their skin.
"It was not a mere verbal lack of control inserted in a fight context, but the conscious and deliberate use of stigmatizing expressions to degrade, subjugate and offend the dignity of the victim due to their color", he highlighted in the decision.
Through their lawyers, the brothers stated that they repudiate any form of racism, that they have no criminal record and that they trust the Court to review the case.
In addition to the sentences, Frederico and Henrique were ordered to pay, together, R$10,000 in compensation for moral damages to the victim. Any amounts paid as monetary benefits must be deducted from this amount.
The sentence of three years in prison for each person was replaced by two measures: the individual payment of five minimum wages to the victim and the provision of community services in entities that serve adolescents and young people in situations of social vulnerability.
The execution of the three months of detention was suspended for two years, subject to compliance with conditions that will be defined by the Court.
According to the defense, the brothers have responded to the case in freedom since 2024, by decision of the TJES, and have complied with all the conditions imposed by the Court. Electronic monitoring was terminated in April 2025, by court order.
The sentence also revoked the precautionary measures that were still in force. The lawyers stated that no sentence will be carried out before the appeals are judged.
