Feb 23 • 15:52 UTC 🇧🇷 Brazil Folha (PT)

Defense of Hytalo Santos requests the removal of the judge who mentioned that he is black and gay

Hytalo Santos's lawyers have petitioned for the removal of a judge who referenced Santos's race and sexual orientation in a recent sentence condemning him and his husband for producing sexual content involving minors.

The legal team representing Brazilian influencer Hytalo Santos has filed a motion in the Court of Justice of Paraíba seeking the disqualification of Judge Antonio Rudimacy Firmino de Sousa. This follows a ruling in which Santos was sentenced to 11 years in prison, with his husband, Israel Natã Vicente, receiving an 8-year sentence for creating sexually explicit content involving minors. The defense argues that the judge's reference to Santos's race and sexual orientation demonstrates a lack of impartiality and constitutes indirect discrimination, affecting the fairness of the trial.

The defense highlights a specific excerpt from the judge's sentencing, which allegedly underscores societal prejudices by mentioning Santos as a 'black and openly gay' man, suggesting that these characteristics malign his character and suggest criminal tendencies. They assert that the judge's comments do not reflect the evidence presented in the trial, undermining the legal process and warranting a review of the sentencing. This situation raises broader concerns about systemic discrimination within the legal system and highlights the intersectionality of race and sexuality in judicial treatment.

This case not only impacts the individuals involved but also contributes to discussions surrounding discrimination in the Brazilian legal system. Advocates for racial and LGBTQ+ rights are likely to view this incident as a significant example of ongoing biases that can compromise the integrity of judicial decisions. The outcome of this petition could have implications for future cases involving similar issues of discrimination and justice in Brazil.

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