Brazilian court allows Argentine lawyer accused of racism to return home

A 29‑year‑old Argentine lawyer facing racial insult charges in Brazil has been authorised to return to Argentina after more than two months under judicial restrictions in Rio de Janeiro.

Agostina Páez returned to Argentine territory Wednesday, accompanied by her lawyer Carla Junqueira, after paying a court‑ordered bail of around US $18,500 (97,260 Brazilian reais) – the sum required to guarantee potential penalties and compensation to the victims.

Páez, accompanied by her lawyer, had her electronic ankle monitor removed and her passport returned after the payment was made, clearing the final administrative steps needed for her departure. 

She left Brazil on Wednesday afternoon and arrived in Argentina later that evening, heading to her home province of Santiago del Estero.

Páez was detained in Rio de Janeiro in mid‑January after a video circulated online showing her making monkey‑like gestures and sounds toward employees of a bar in the Ipanema neighbourhood during an argument over a bill. 

Brazilian prosecutors charged her with ‘injúria racial’ (“racial defamation”), a recent incorporation into Brazilian legislation with prison sentences of up to 15 years. 

Her passport was seized and she was placed under judicial monitoring with an ankle bracelet. Last week, a panel of the Rio de Janeiro Court of Justice granted a habeas corpus petition filed by her defence, ruling that continued restrictions on her liberty were an undue constraint once the evidence‑gathering phase was complete.

After awaiting a final ruling of the Río de Janeiro court for over a week, the lawyer finally paid up 97,260 reais (almost 26 million pesos).

The payment serves as a guarantee for fulfilment of any future fines or compensation awards ordered at the conclusion of the case

Judge Luciano Silva Barreto subsequently ordered the removal of her anklet while overruling the decision of the first instance, considering her detention to be an undue restriction on her liberty.

Although Páez is now free to return to Argentina, the criminal proceedings against her will continue. She remains formally a defendant in the Brazilian case and must comply with any ongoing judicial requirements, including providing updated personal contact details to the Brazilian authorities.

Confrontation

Páez found herself in hot water after an altercation in a bar. Páez was filmed making monkey gestures at employees and the clip subsequently went viral on social media, triggering strong repudiation and leading to her arrest.

Páez claims that the incident began with an argument over an overcharged bill while she was on holiday with a group of friends. She said she left the venue screaming after her exchange with the waiters. 

During her stay in Brazil, Páez was remanded in custody while the case against her advanced in a trial which included her right to defence and judicial negotiations finally permitting the payment of bail for her release.

Although Páez is now free to return to Argentina, the criminal proceedings against her will continue. She remains formally a defendant in the Brazilian case and must comply with any ongoing judicial requirements, including providing updated personal contact details to the Brazilian authorities.

The case had repercussions in both Argentina and Brazil in a context of increasingly tough laws against discrimination in the neighbouring country. 

In comments to the Noticias Argentinas news agency before learning she could return home, Páez said she was “very anguished, overwhelmed and swamped,” confessing to “feeling great anxiety” as she awaited the verdict of the Brazilian courts.

In a radio interview, her aunt Patricia Martínez said she was “afraid of what might happen.”

“We cannot wait for all this to be over with true justice, with Agostina also having a right to defence,” Martínez told Radio Rivadavia, affirming that her niece “is not a racist person” and “has apologised” and “is very repentant.”

– TIMES/NA/PERFIL