MercoPress. South Atlantic News Agency

Argentine lawyer held in Brazil on racial slur charges faces new uncertainty after court reversal

Páez was filmed making racist gestures toward employees of a bar in the Ipanema neighborhood

Agostina Páez, a 29-year-old Argentine lawyer and influencer from the province of Santiago del Estero, has been held in Rio de Janeiro since January 14, when she was filmed making racist gestures toward employees of a bar in the Ipanema neighborhood. The video quickly went viral and led to three criminal complaints for racial slur, a crime that carries a penalty of two to five years in prison per offense under Brazilian law.

The case took an unexpected turn following a hearing on Tuesday, March 24, before Rio de Janeiro's Criminal Court No. 37. Brazilian prosecutors consolidated the three charges into a single continuing offense, reducing the potential maximum sentence from 15 years to a minimum of two years, replaceable with community service and financial reparations to the victims.

Both the prosecution and the plaintiffs agreed to allow Páez to return to Argentina and serve the alternative measures from her home province. The presiding judge, Guilherme Schilling Pollo Duarte, verbally endorsed the arrangement during the session, which lasted more than three hours.

However, hours later the judge reversed course in his written ruling, ordering that precautionary measures — an electronic ankle monitor and a ban on leaving the country — remain in place until a final verdict is issued, which could take 15 to 20 days. The defense, led by attorney Carla Junqueira, described the decision as unprecedented and filed a habeas corpus petition to challenge it. Páez's legal team attributed the reversal to statements the defendant made to the press after the hearing.

Possible outcomes range from the court ratifying the parties' agreement with the prison sentence replaced by alternative measures, to the continuation of criminal proceedings toward a full trial if the judge deems the proposed penalty insufficient. According to prosecutors, Páez would be required to pay approximately $50,000 to each of the three victims as financial reparations, AP reported.

The case has also triggered political friction in Argentina. President Javier Milei's government highlighted the consular assistance provided to Páez, while Senator Patricia Bullrich publicly criticized those who attempted to claim credit for diplomatic efforts on the lawyer's behalf.

Páez remains in Rio de Janeiro awaiting the court's ruling. Her defense team is seeking to expedite the submission of final arguments to shorten the period of forced stay in Brazil.