Can the senator who made racist attacks on Mbappé be punished? Understand what Paraguayan law says

Paraguayan senator makes racist insults against French striker Kylian Mbappé
Despite international pressure following racist attacks against France player Kylian Mbappé, the chances of Paraguayan senator, Celeste Amarilla, suffering criminal consequences in her country are low.
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➡After Paraguay's elimination to France in the World Cup World, last Saturday (4), the senator made racist attacks against the player on social media. The insults provoked a wave of condemnation and led authorities and sports organizations to come to the player's defense. (Learn more below).
To g1, Paraguayan lawyer Julio Scarone, a specialist in sports law, points out that there is a gap in the country's legislation for cases of racial discrimination.
"Paraguay does not have a general law against discrimination nor a criminal type of racism or racial insult", he explains.
"There could be an attempt to frame the conduct as the dissemination of ideas based on racial superiority, but Amarilla did not defend a theory of superiority. Thus, the most common form of racism - direct insult - ends up without typification", he states.
In other words, as Scarone explains, although the Paraguayan Constitution prohibits discrimination, there is no law that specifically punishes racist offenses against any person.
In practice, racist insults such as those attributed to Senator Celeste Amarilla do not fall under a specific crime provided for in Paraguayan legislation, which makes it difficult to hold the parliamentarian criminally liable.
Lawyer member of the Human Rights Coordinator of Paraguay (Codehupy), Dante Leguizamón, agrees that the country does not have a general law against discrimination and that legislation on the subject is fragmented.
However, he diverges from Scarone's interpretation of the framing of the senator's statements. For Leguizamón, Amarilla's speeches constitute propagation of ideas of racial superiority.
However, even if Leguizamón's vision were followed, it would still be difficult for the senator to face punishment. This is because, as Scarone explains, the current law only protects people of African descent who live in Paraguay. As Mbappé does not reside in the country, the application of the law would be legally questionable.
And, even if the legislation could be applied, the sanctions envisaged are only administrative, such as fines, public apologies or participation in educational courses, with no provision for imprisonment.
For Scarone, the most likely scenario is that Amarilla will face consequences within the Senate itself, and not in the courts.
In the lawyer's assessment, "the most plausible is an internal sanction by the Senate through ethical mechanisms and disciplinary measures, which can range from a warning to more severe measures".
On Monday (6), the Ministry of Foreign Affairs of Paraguay released a note expressing repudiation of the senator's speech.
"The Government of the Republic of Paraguay regrets and rejects the statements made by Senator Celeste Amarilla, addressed to the captain of the French team, Kylian Mbappé, as they are contrary to the values and principles that inspire peaceful coexistence and respect for human dignity promoted by our country", says the document.
"The statements made by the aforementioned parliamentarian correspond exclusively to the exercise of her individual responsibility as a member of the Legislative Branch and, in no way, represent the position of the Government of the Republic of Paraguay or the Paraguayan people", it continues.
The statement does not mention the adoption of any measure or punishment against the parliamentarian.
French investigation
French authorities have opened an investigation to investigate Celeste Amarilla's racist statements.

The information was released by the Paris Public Prosecutor's Office this Tuesday (7).
Following a complaint filed this Tuesday by the French Football Federation (FFF), the Paris MP "immediately opened an investigation" for "aggravated public defamation" based on the "origin, ethnicity, nationality, race or religion of the victim, real or presumed", the MP told AFP.
For Scarone, it is another case of unlikely practical consequence: an eventual conviction would face difficulties in producing effects on a parliamentarian. paraguaia.
"It's one thing for the investigation to move forward in France; it's quite another to carry out a possible conviction against a sitting Paraguayan senator", he explains. "A possible process would hardly result in a detention, unless she entered French or European territory."
"The most likely scenario is that of a process that advances and has strong symbolic and reputational weight, more than immediate executive consequences."
Leguizamón also states that the senator would be unlikely to face the consequences of a conviction in France.
"Extradition would be difficult, considering that she is a senator, and the progress of this process would depend on the fulfillment of some conditions", he states. "In addition, an initial requirement is the so-called principle of double criminality, according to which the conduct must be considered a crime or punishable in both countries."
The case does not involve FIFA or Conmebol
Scarone also explains that, despite the repercussions in international football, the senator is not subject to the disciplinary rules of FIFA or Conmebol. mechanism capable of applying individual sanctions against the parliamentarian.
Senator did not apologize
Celeste Amarilla reaffirmed the attacks on the French captain and threatened to sue him for gender violence
Reproduction: X (@Kylian)
This Tuesday (7), the senator once again criticized the player.
Amarilla stated that his previous statements were made "in hot blood", but warned that the player should not underestimate the Paraguayans again and recalled the episode of the arrest of former Brazilian player Ronaldinho Gaúcho.
"Don't mess with the Paraguayans, Mbappé. We have already sent Ronaldinho to jail", he declared.
Context: Ronaldinho Gaúcho was detained in Paraguay in 2020 for entering the country with false documents.
"Mbappé didn't apologize to me, so I have no reason to apologize to him", said the congresswoman again. Amarilla reiterated the public letter he published this morning and said that the player "should read it, if he knows how to read".
Wave of repudiation
The Office of the United Nations High Commissioner for Human Rights expressed, this Tuesday (7), its support for Mbappé, denouncing the "racist" and "despicable" statements of the Paraguayan senator.
"The racist and dehumanizing statements directed against the French player Kylian Mbappé for Paraguayan senator Celeste Amarilla are despicable and, unfortunately, are not an isolated case", lamented Thameen Al Kheetan, spokesperson for the Office of the High Commissioner, in a statement.
Al Kheetan stated that these racist incidents "reflect a wider phenomenon that affects football and, more generally, sport".
Remember the exchange of attacks
France eliminated Paraguay last Saturday (5), and the South American team reacted badly. They provoked the captain of the rival team, Kylian Mbappé, who responded to the opposing players, still on the field.
On social media, Paraguayan senator Celeste Amarilla took on the team's pain and made racist attacks against the player.


Mbappé reacted to the attacks on his official account on X (formerly Twitter) and accused the senator of showing "the worst possible image" of Paraguay.
Afterwards, Amarilla returned to social media to criticize Mbappé. The senator demanded an apology from the player, stated that her criticism was directed exclusively at the attacker and claimed to have been a victim of gender-based violence due to the public response received.
She also criticized statements made by Mbappé after the match, stating that she interpreted as offensive the Frenchman's speech about "putting your hand in the mud" to win the game. According to the senator, if the player does not redeem himself, she must take legal action against him.
Paraguayan senator Celeste Amarilla and French striker Kylian Mbappé, target of racist attacks made by the parliamentarian.
Montagem/g1

Source: G1

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