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TRF-4 Orders Bolsonaro to Pay R$1 Million for Racist Remarks and Holds the Union Liable for the Same Amount

The unanimous appellate ruling characterizes the remarks as racismo recreativo that inflicted collective moral harm.

Overview

  • The 3rd Panel of the TRF-4 reversed a 2023 first‑instance dismissal and found collective moral damage stemming from Bolsonaro’s 2021 comments.
  • The court ordered Bolsonaro to remove the discriminatory material from his social media and issue a public retraction directed to the Black population.
  • The decision is a civil indemnification, carries no criminal penalties, is subject to appeal, and the sums are to be directed to a public fund.
  • Prosecutors at the MPF and the DPU had sought R$5 million from Bolsonaro and R$10 million from the Union and proposed a national anti‑racism campaign, but the panel set R$1 million for each defendant.
  • The Union was held jointly liable because the remarks were made while Bolsonaro was president, and the AGU may seek reimbursement from him if that liability is upheld.