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Two black children who sold sweets inside the Malibu restaurant, in the center of Campina Grande (PB), were beaten and taken from the place this afternoon. The aggressor was said to be the owner of the establishment and was arrested on the spot by the Military Police. A child injured his left ear as a result of the assault.
The businessman Luiz Manuel Medeiros Costa, 60 years old, was transferred to the Flagrante Central of Campina Grande, gave testimony and was released to respond in freedom after a TCO (Circumstantial Term of the Event) was carried out, which contains the crime of injury body, and sign a Term of Commitment. According to the Civil Police of Paraíba, the police authority on duty did not establish the amount of the bail.
A video made by witnesses shows one of the boys with a deformed ear and denouncing the attacks. In the pictures, the boy cries and rubs his ear, quite scared. “Why don’t you do that to an adult?” Asks the other child.
Meanwhile, a man filmed the two children sitting in a store window, being assisted by witnesses who questioned the fact with indignation. “The boy here went to sell his candy at the Malibu restaurant and the owner just put his hand to the base of his ear, look. Is that what? Did you ever think that if it was a white boy, madam son, Were you in this situation? “asks a man who recorded a video shortly after the children were expelled from the restaurant.
The boy whose ear was injured was subjected to a body examination at the IPC (Institute of Scientific Police), and was later transferred to the Flagrante Central, where he was handed over to his father. The Civil Police reported that “as there were no serious injuries, the Police only needed the criminal body in the IPC.”
The Civil Police said that the case will be transferred to the Police Station for Children and Adolescents, which will investigate whether there were other alleged crimes committed by the businessman against the two boys.
Lawyer Says Case Could Be Framed As Torture
The criminal lawyer Gustavo Pontinelle analyzed the images, upon learning of the case, and said that the crime of torture can be included in the complaint. The lawyer also pointed out that the case violates articles 5, 13, 15, 16 and 17 of the ECA (Statute of Children and Adolescents).
“If the authorship of the attack is proven, the person responsible must answer, according to the understanding of the Public Ministry, for the crime of bodily injury or even torture, which is a much more serious crime. This is because, in the specific case , see Clear evidence of so-called structural racism According to Law 9455/97, article 1, subsection I, subsection c, it is a crime of torture to shame someone with the use of violence or serious threat, causing physical or psychological suffering by racial or religious discrimination ”, explains the lawyer.
The lawyer notes that the two children were, at the time of the incident, in a situation of total vulnerability. “The victim is a poor, black child who was dishonored and mistreated, humiliating and cowardly. Could it be that if he were a white child with light eyes, would he have had the same treatment? In my opinion, with due reverence to those who think otherwise, starting from the understanding of the existence of structural racism, we are facing a case in which the crime of torture fits perfectly ”, Pontinelle completes.
The report contacted the president of the OAB (Brazilian Bar Association), Campina Grande section, Jairo de Oliveira Souza, and said that he learned about the case through the report, but said that tomorrow he will take the case to the Human rights commission.
OR Twitter I tried to contact Luiz Manuel Medeiros Costa, tonight, but got no response. The report called the number for the Malibu restaurant, but calls were not returned. The report also sought out the businessman through his social networks, but there was no response.
After the repercussion of the case, the social networks of the Malibu restaurant were deleted and the businessman changed his profile picture on Facebook, placing the image of the Brazilian flag.
