A parliamentarian used the rostrum of the Chamber of Deputies on International Women’s Day to mock feminism and criticize “men who feel like women” and try to “steal” their place in the world
On International Women’s Day, Federal Deputy Nicolas Ferreira (PL-MG) used the platform to criticize feminism and “men who feel like women”. Wearing a blonde wig, the MP introduced himself as “MP Nikole” to say that women’s seats are being “stolen” by these men. He also derided the movement for women’s equal rights and argued that they “regain their femininity by having children and getting married.
Experts listened to by Stadium claim that Nikolas violated the Law 7.716/1989, which deals with crimes arising from racial or color bias. For two years, the same legislation has been valid for cases of homophobia and transphobia after a decision by Federal Court of Justice (STF). According to article 20 of the document, it is a crime “to practice, induce or instigate discrimination or prejudice based on race, colour, ethnicity, religion or national origin”.
the criminal lawyer Rodrigo Faucz he claims that Nikolas’ crime was “quite obvious”, as the episode took place in a public manner. According to him, it is up to the STF to adjudicate the case. “From this understanding of the STF (to add homophobia and transphobia to the law 7.716/1989), Nikolas making a speech like the one that demonstrates and incites this kind of discrimination and prejudice, in a very open way, clarifies that we are talking about an offense that was committed in a public and open manner and, in its explanation, also playful,” he said.
Leonardo criminal lawyer Magalhaes Avelar states that Nikolas’ attitude “opens a disrespectful and criminal aspect towards transgenders”. “It is important to remember that the Federal Supreme Court, in an emblematic ruling of Direct Action of Unconstitutionality by Omission executed in 2019, framed homophobia and transphobia as an imprescriptible and non-enforceable crime under the Racism Act,” he said.
OR article 20 of the law 7.716/1989 states that the penalty for this type of offense is one to three years’ imprisonment and a fine, but it can change, as explained by Avelar. “If we consider the high scope of the speech delivered in the Plenary in the Chamber of Deputies, the sentence can go up to five years,” he said.
The second paragraph of article 20 establishes that the penalty can be increased if the offense was committed through “intermediate means of social communication, publication on social networks, the world wide web or publication of any nature”, which can increase the prison sentence from two five years and a fine. This paragraph can be taken into account in the sentence, since Nikolas’ speech was made publicly during a session of the Chamber of Deputies, transmitted virtually through the Chamber’s social networks.
Faucz explains that there is another factor that could also increase a possible sanction for Nikolas, point A of the same document. According to the text, “the crimes provided for by this law will have the penalties increased by 1/3 (one third) up to half, when they occur in the context or with the intent of amusement, entertainment or recreation”. The MP’s defense is that the situation was humorous.
Privileged forum
The person responsible for adjudicating a possible lawsuit against Nikolas’ attitude will be the Federal Court of Justice, which has the jurisdiction to investigate possible crimes committed by members of Congress. “Depending on the sanction imposed by the Stf, it could even lead to the loss of the mandate as a result of the conviction,” says Faucz. This is due to the fact that, according to art Article 92 of the Criminal Codethe loss of office, public function or elective mandate can occur when “a deprivation of liberty is applied for a period exceeding four years”.
In addition to the law 7.716/1989, Nikolas may also have violated the Code of Ethics of the Chamber of Deputies, in order to respect the Constitution, the laws and the internal norms of the Chamber and the National Congress, and the exercise of the mandate with dignity and respect for public affairs and the will of the people.
This Wednesday 9, at the rostrum, Nikolas began his speech by stating that wearing a wig was a way to gain speaking space during March 8 “Today, International Women’s Day, the left said I could not speak because it was not in my place of the word, so I solved this problem here. Today I feel like a woman, Deputy Nikole,” she said defending that women’s place is “stolen” by men who feel like women.
The lawmaker also said that feminism “glorifies women who have done nothing for women” and defended that women have a different attitude: “Women, take back your femininity, have children, love motherhood. Form your family, because that’s the way it is. , you will bring light to the world and you will definitely be worthy women,” she said.
Repercussion
Again this Wednesday, the bench of PSOL extension in the Chamber, together with MPs from other parties, he appealed to the Chamber of Ethics Council against the deputy from Minas Gerais. The group also sent a criminal notice to the Federal Supreme Court, saying Nikolas committed the crime of transphobia.
The crime report claims that the parliamentary immunity conferred on Nikolas is not absolute, as it prevents him from violating the principles established by law. “Although Annunziato currently holds the position of Federal Deputy and, therefore, is the beneficiary of the prerogative of parliamentary immunity provided for by the Constitution of the Republic (art. 53, CRFB/88), it is important to underline that this immunity is not absolute. The Constitution does not give carte blanche to any parliamentarian to offend the honor and dignity of anyone or anyone who commits crimes and is not held responsible for them,” he said.
Also this Wednesday, the Federal Attorney General’s Office (MPF) he summoned the Chamber of Deputies to have Nikolas’ speech investigated. By letter, the lawyer Luciana Loureiro he asked the House Board of Trustees to investigate “alleged ethics violations.” She points out that the MP used the stage time to, “under the guise of speaking on International Women’s Day, disrespectfully refer to women in general and offensively to trans women in particular.”
Nikolas’ speech was rebuked by the Speaker of the Chamber of Deputies, Arthur Lira (PP-AL). “The plenary of the Chamber of Deputies is not a stage for exhibitionism, much less prejudiced speeches. I will not tolerate disrespect towards anyone,” Lira wrote on her social network.
On social media, the parliamentarian reiterated his speech and specified that “there is no transphobia in his speech”. “I defended the right of women not to lose their space in trans sport – given the biological difference – and not to have a man in the women’s bathroom. There is no transphobia in my speech. I clarified the example with a wig (shocking). going beyond is hysteria and narrative,” he said.
In the 2022 elections, Nikolas Ferreira was the most voted federal deputy candidate in the country, being also the most voted in Minas Gerais, with 1.47 million votes.
Source: Terra
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