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Law 9,459, of May 13 th, 1997 – modify arts. 1 and 20 of Law 7,716, of January 5 th, 1989, which defines
crimes resulting from prejudice on race and color and adds a paragraph to art. 140, of Decree -Law
2,848, of December 7
th, 1940.
(…)
Art. 1 The arts. 1 and 20 of Law 7,716 of January 5th, 1989, are amended as following:
"Art. 1 It shall be punished according to t his Law, crimes resulting from discrimination or prejudice based
on race, color, ethnicity, religion or national origin."
"Art. 20. To practice, induce or incite discrimination or prejudice based on race, color, ethnicity, religion
or national origin.
Penalty: imprisonment from one to three years and fine.
§1 To manufacture, sell, distribute or exhibit symbols, emblems, objects or advertising using the
swastika cross for the purpose of disseminat e the N azism.
Penalty: imprisonment from two to five years and fine.
§2 If any crime stated in the cap ut is committed through media communication or publication of any
kind:
Penalty: imprisonment from two to five years and fine.
§3 For the preceding paragraph the judge may , after hearing the Public Ministry or on its request, even
before the police investigation and subject to disobedience penalty , determine:
I – the immediate withdrawal or search and seizure of copies from the material;
II – the cessation of their radio broadcasts or television transmission.
§4 As per §2, one of the effects of the condemnation after the decision in no longer subject to appeal is
the destruction of the seized material."

Art 2. The article 140 of the Penal Code shall be amended by the following paragraph:
"Section 140. ………………………………………
………………………………………………………….
§ 3 If the injury is consistent of the use of evidence re garding race, color, ethnicity, religion or origin:
Penalty: imprisonment from one to three years and fine."

Art. 3. This Law shall enter into force upon its publication.
Art. 4. Any and all provisions in contrary are revoked, especially art. 1, of Law 8,081, of September 21st,
1990 and Law 8,882, of June 3rd, 1994.