A Brazilian comedian has been sentenced to over eight years in prison for making discriminatory jokes during a stand-up performance that took place in 2022.
The case has triggered renewed debate in Brazil over the limits of free speech, particularly in relation to satire, minority rights, and judicial authority.
The comedian, Leo Lins, was convicted by a São Paulo criminal court on charges including incitement to racism, religious prejudice, and discrimination against disabled persons. The verdict followed an investigation into a widely circulated video of his live performance, which has amassed over three million views on YouTube.
During the performance, Lins made jokes targeting a broad range of groups, including Black Brazilians, Indigenous communities, people from Brazil’s northeast, gay people, elderly individuals, Jews, evangelicals, disabled persons, and those living with HIV. “What could be more inclusive than this?” he asked rhetorically from the stage. “I even hired a sign language interpreter so I could offend the deaf and mute.”
Judge Bárbara de Lima Issepi described the content of the show as “fanatical and discriminatory towards minorities and vulnerable groups,” and ruled that it constituted criminal speech rather than protected satire. In her decision, the judge stated: “Freedom of expression is not absolute or unrestricted. When in conflict with fundamental principles such as human dignity and legal equality, those principles must prevail.”
Lins was sentenced to eight years and three months in prison. He has indicated his intention to appeal the conviction.
In a video statement on his YouTube channel following the ruling, Lins said Brazil had gone “too far” in restricting speech. He criticised what he described as rulings made “on the basis of emotion,” where, in his view, the emphasis was on imposing ideological agreement rather than allowing for disagreement. “No one wants to hear the other side anymore,” he said. “Everyone wants to convince others of their own truth.”
The verdict has drawn mixed reactions from Brazilian society. Some columnists, comedians, and politicians have defended Lins on the grounds of artistic freedom and free expression, arguing that while his jokes may be offensive, they should not constitute a criminal offence.
In an editorial, O Globo newspaper stated: “It is entirely reasonable to condemn his jokes as being in poor taste. But they pose no threat to anyone. These are jokes, not crimes.”
Lins has previously faced legal consequences for his performances. In 2022, he was ordered by a court to pay damages of approximately $8,000 to the mother of a child with autism after a joke referencing the child. Later that year, he sparked further controversy with a joke about a child with hydrocephalus.
In a separate video, Lins argued that while some people may find humour therapeutic, others may find it triggering. “But I think it’s deeply unfair—and even arrogant—that someone’s optional pain should be used as a justification to block someone else’s smile,” he said.
The case has also led to calls for legal reform. Marcelo Álvaro Antônio, a member of Brazil’s Liberal Party, has proposed legislation to expand protections for comedians. “Humour, even when it causes discomfort, cannot be treated as a crime. This is a law that protects art, criticism, and the right to laugh,” he said.
Others have supported the court’s stance, maintaining that freedom of speech must have limits, particularly when it causes harm to vulnerable communities. Brazil’s judiciary has in recent years taken a more assertive position on issues relating to racism, discrimination, and disinformation.
The Brazilian Supreme Court has previously ordered the removal of social media accounts accused of spreading false information that could endanger the country’s democratic institutions. Although Brazil has long had laws criminalising racist speech, enforcement has intensified in recent years. Thousands of criminal cases have been initiated, and penalties have become more severe.
In 2024, social media personality Day McCarthy was sentenced to eight years in prison for making racist comments about a Black child born to a prominent white couple. McCarthy has been permitted to remain free while she appeals the decision.
