Bauruense relata caso de racismo em supermercado

Criança de 11 anos foi abordada por fiscais ao carregar uma sacola dentro do estabelecimento; família conta que foi seguida nos corredores por um funcionário

Publicado em 15 de janeiro de 2021

Relato de racismo aconteceu em supermercado da rede Confiança próximo a rodoviária (Foto: Reprodução/Confiança)
Por Camila Araujo
Edição Bibiana Garrido

“Se isso aconteceu com ele agora, imagina com 18 anos e eu não estiver por perto para defendê-lo?”, desabafa Tabata Santos em redes sociais: “É angustiante”. Perto de seu local de trabalho, o Confiança Rodoviária está na rota das atividades cotidianas de Tabata, que tem 30 anos. Mulher negra, mãe e dona de loja, no último dia 9 ela conta que sofreu uma atitude racista por parte de fiscais da rede de supermercados bauruense.

A indignação a fez publicar o ocorrido em suas redes sociais. Ela conta que entrou no supermercado, junto do filho de 11 anos, e que o menino carregava uma sacola preta. A criança foi abordada pelo fiscal. Ela indagou um outro fiscal que estava ao lado sobre a abordagem ao filho. “Ele deve estar maluco, deve ser por causa da sacola”, respondeu o funcionário. A mãe perguntou se ela devia guardar a sacola, e a resposta foi negativa. Depois da abordagem, ela pontuou que não tinha gostado da atitude do funcionário e seguiu para fazer suas compras.

Foi então que a insistência começou. De acordo com o relato, em todo corredor em que mãe e filho circulavam, o fiscal em questão aparecia. Tabata conta que chegou a reclamar para a gerente do estabelecimento sobre o constrangimento ao qual estava sendo submetida. A funcionária não tomou nenhuma providência. A cliente decidiu ir embora quando percebeu que um segurança armado se aproximou do cenário.

Em entrevista ao Jornal Dois, Tabata contou que casos parecidos já ocorreram diversas vezes, mas “a gente acaba levando no automático porque vai se acostumando com a situação”, comenta. O que mudou, na última ida ao mercado, foi o fato de ter sido com o filho. “Eu sempre soube que uma hora ele ia passar por isso, só não achei que seria tão cedo”, compartilhou em sua conta no Instagram.

Tabata com seu filho Pedro, de 11 anos (Foto: Acervo Pessoal)
Repercussão

A expectativa da lojista, ao publicar o relato em suas redes sociais, era de que o caso chegasse aos responsáveis pelo supermercado, e que estes tomassem alguma postura. Com a repercussão, a lojista recebeu apoio de diversas pessoas, mas também, muitas críticas: “agora nem estou lendo mais os comentários porque as pessoas não entendem do assunto e falam sem saber”, reclama.

Apesar disso, ela acredita que é importante expor casos como este para que a população tenha consciência do que é o racismo: “Várias pessoas comentaram que já passaram por situação parecida. Eu também já, e nunca me posicionei”, conta.

Ocorrência

Na última terça-feira, dia 12, Tábata registrou um boletim de ocorrência.

Na hora de tipificar o ocorrido, surgiu a dúvida: racismo ou injúria racial? Como explica o advogado e ativista negro Edilson Nogueira, ex-membro da Comissão de Igualdade Racial da OAB/Bauru, o crime de injúria racial é contra o indivíduo e o racismo contra toda a coletividade.

O Jornal Dois contou em reportagem que os crimes de racismo estão tipificados na Lei Federal Nº 7.716, de 1989. O objetivo é punir os “crimes resultantes de discriminação ou preconceito de raça, cor, etnia, religião ou procedência nacional”. Segundo a Constituição Federal, o racismo é inafiançável e imprescritível.

Quem deve tipificar o ocorrido é o delegado de plantão na hora do registro. “À vítima, cabe relatar o fato”, comenta Edilson.

Seletividade penal 

O advogado alerta para casos em que a ação penal é condicionada. Significa que é preciso fazer uma manifestação da vítima em até seis meses do ocorrido, para ter início o julgamento pelo Ministério Público.

Crimes de ofensa à honra, como é o caso da injúria, dependem dessa representação para que a investigação por inquérito ocorra. O crime de racismo, por outro lado, é uma Ação Penal Incondicionada, e não necessita de representação para abertura de inquérito.

A maior parte dos casos são registrados como injúria racial. De acordo com o Anuário Brasileiro de Segurança Pública 2020, os registros deste delito tiveram um aumento de 23,4% em comparação com 2019.

Segundo Edilson, na hora em que a vítima vai registrar a ocorrência “a polícia deixa de informar, de forma intencional, a necessidade de manifestar sua vontade para abrir o inquérito policial”. Para ele, isso acontece por conta de uma seletividade penal contra a população marginalizada, que acaba sendo alvo da polícia quando se trata de punição, e indiferença na investigação.

Para casos como o de Tabata e seu filho, ele alerta que a vítima precisa procurar um advogado ou advogada “imediatamente”, para que as provas materiais, como imagens das câmeras de segurança, não sejam desfeitas.

Por meio do facebook, o supermercado disse à Tabata que irá tomar as devidas providências junto aos responsáveis pelo ocorrido. Até o momento da publicação desta matéria, a rede Confiança Supermercados não retornou aos questionamentos do Jornal Dois.

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