Justice disregards “vile motive” when analyzing death of black man in RS market

The Rio Grande do Sul Court dismissed the qualifier of “vile motive” when analyzing the case regarding the murder of João Alberto Silveira Freitas, beaten to death by security guards at the Carrefour supermarket, in November 2020, in the north of Porto Alegre.

The decision was made in a virtual trial concluded last Friday (19) by the 2nd Criminal Chamber of the Court of Justice of Rio Grande do Sul (TJRS).

With the new understanding, the six defendants in the crime will be charged with double-qualified homicide, with two qualifiers: cruel means and a resource that hindered the victim’s defense.

In the complaint filed by the state’s Public Prosecutor’s Office, the qualifier of “vile motive” had been included because, according to the prosecution, one of the motives for the crime was economic vulnerability and the fact that the victim was a black man.

The MPRS stated that the victim was accompanied and monitored in an ostentatious manner by the establishment’s security guards while making his purchases and was even chased by the perpetrators of the crime before the assault that culminated in the customer’s death.

According to the Penal Code, qualifiers can alter the maximum or minimum sentence for a crime and are considered in the initial stage of calculating the sentence.

“Qualifiers are elements provided for in a specific crime, which classify it as a more serious criminal type”, explains the Court of Justice of the Federal District.

Remember the case

João Alberto Silveira Freitas was beaten to death by security guards at the Carrefour supermarket on the night of November 19, 2020.

Still inside the market, while making his purchases, the victim, according to the MPRS complaint, was chased by three security guards. After provocation, a physical confrontation began between them. Later, three more members of the security team joined the others in the criminal act.

The expert report concluded that José Alberto died due to “chest compression that caused asphyxia by indirect suffocation”.

Changes in the company

Since the incident, Carrefour has promoted internal changes and publicly committed to the social inclusion of black people and the fight against discrimination.

The security of the brand’s stores is now managed by the company itself, and no longer by outsourced companies, as in the case in question.

According to the retail group, security guards and other employees began receiving racial literacy training.

Carrefour intends to reach the target of 40% of leadership positions occupied by black people by 2026.