Psychophobia and Psychophobic Terms Are Crimes of Offense and Insult in Brazil: Why Should We Avoid Them?

By Author Giljonnys Dias da Silva 

 

In recent decades, awareness of mental health issues has grown significantly across the globe. Yet, stigma and discrimination toward people with mental and psychological disorders remain widespread. One of the most harmful and persistent forms of this discrimination is psychophobia, a term used to describe prejudice, fear, or aversion directed toward individuals with mental health conditions. In many societies, including Brazil, this form of discrimination is not only a moral and ethical issue but also a criminal offense under specific provisions of national law.

 

This text explores why psychophobia and psychophobic terms must be recognized as crimes of offense and insult in Brazil, citing xenophobic and psychophobic labels in English that are often used to degrade and marginalize individuals with physical or mental disabilities. It also provides an analysis of how these behaviors are addressed and criminalized within the Brazilian Penal Code and the Federal Constitution of Brazil.

 

What Is Psychophobia?

 

Psychophobia is the prejudice or discriminatory attitude toward people who experience psychological or psychiatric conditions such as depression, schizophrenia, bipolar disorder, anxiety, or intellectual disabilities. It can manifest in different ways:

 

Through verbal aggression, jokes, insults, or slurs.

 

Through exclusion in education, employment, or health care.

 

By underestimating or discrediting individuals due to their mental health status.

 

Through the denial of legal capacity or freedom of expression based on diagnosis.

 

This form of bias becomes even more harmful when merged with xenophobic attitudes — which may treat individuals as “outsiders” or “others” due to their differences, particularly in multicultural environments where racial, ethnic, or linguistic elements intersect with mental health stigmas.

 

Common Psychophobic and Xenophobic Labels in English

 

Although the cultural and linguistic context varies, some English terms are widely used in harmful, discriminatory ways toward individuals with disabilities or mental health conditions. These terms, though sometimes used casually or jokingly, contribute to social stigma and can amount to hate speech or criminal insult in Brazil when directed toward a person.

 

Here are a few examples:

 

“Crazy” / “Lunatic” / “Insane” – Dismissive and pejorative terms that undermine mental conditions.

 

“Retarded” – Once a clinical term, now universally regarded as offensive and dehumanizing.

 

“Psycho” / “Schizo” – Slang terms that reduce individuals to their diagnosis and imply danger.

 

“Freak” / “Weirdo” / “Spastic” – Xenophobic and ableist insults targeting behavior or physical differences.

 

“Invalid” – An outdated term that implies a person with a disability has no value or agency.

 

“Vegetable” – A dehumanizing term used to refer to people with severe physical or cognitive impairments.

 

These terms are often used to marginalize people, suggest they are inferior, or strip them of their humanity. When such words are used in Brazil to offend or humiliate someone with a disability — mental or physical — they can fall under criminal offenses outlined by national law.

 

Legal Protections in the Brazilian Federal Constitution

 

The Federal Constitution of Brazil (1988) provides a strong foundation for protecting the rights and dignity of all individuals, including people with mental or physical disabilities. Several key articles ensure protection against stigma, exclusion, and verbal abuse:

 

Article 1, III: Establishes the dignity of the human person as one of the foundational principles of the Brazilian Republic.

 

Article 3, IV: Defines one of the fundamental objectives of the state as promoting the well-being of all, without prejudice of origin, race, sex, color, age, or any other forms of discrimination.

 

Article 5: Ensures that all individuals are equal before the law, guarantees the inviolability of honor and image, and protects against hate speech and abuse.

 

Therefore, using psychophobic or xenophobic labels to insult or exclude a person is not just socially harmful — it is unconstitutional and violates the core values of Brazil’s democratic state.

 

Criminal Provisions in the Brazilian Penal Code and Related Laws

 

A. Penal Code – Article 140 (Injúria / Insult)

 

Under Article 140 of the Brazilian Penal Code, injúria (insult) is defined as offending someone’s dignity or decorum, with or without the presence of the person. The law becomes more severe when the insult involves discrimination:

 

> §3º – If the insult consists of the use of elements referring to race, color, ethnicity, religion, origin, or the condition of being an elderly or disabled person, the penalty is imprisonment from 1 to 3 years and a fine.

 

This article clearly applies to cases where a person is verbally attacked or humiliated using derogatory terms based on mental health status or physical disability. English xenophobic or psychophobic slurs used in Brazil — even if adopted from other cultures — can trigger this provision if they cause offense or harm.

 

B. Law No. 13.146/2015 – Brazilian Law for the Inclusion of Persons with Disabilities (LBI)

 

Known as the LBI, this law affirms the civil, political, and social rights of people with disabilities, including those with psychological or psychiatric conditions. It explicitly prohibits discrimination and offensive speech:

 

Article 4: Affirms that people with disabilities must enjoy legal capacity and equal treatment.

 

Article 88: Criminalizes denial of access, humiliation, or offensive behavior toward a person with disabilities.

 

Article 98: Also prohibits psychological violence and symbolic aggression, such as repeated humiliation or verbal abuse.

 

This law establishes a zero-tolerance stance toward actions — including language — that discriminate against people with disabilities.

 

C. Law No. 14.532/2023 – Expansion of the Anti-Racism Law

 

This law amended the Anti-Racism Law (Law No. 7.716/1989) to include crimes of discrimination based on:

 

Disability (mental or physical),

 

Gender,

 

Sexual orientation,

 

Age, and more.

 

This law reclassifies many forms of prejudice and offensive language not just as insults but as crimes of racism, making them unbailable, imprescriptible, and subject to severe penalties, including prison terms of up to five years.

 

Ethical and Social Impacts of Psychophobic Language

 

Psychophobic and xenophobic terms are often normalized in everyday speech, comedy, social media, and even professional settings. However, their impact is profound:

 

They dehumanize people with disabilities.

 

They reinforce social exclusion, denying people opportunities and equal participation.

 

They damage mental health, especially when the language comes from institutions or authority figures.

 

They legitimize discrimination, especially when used in media or politics.

 

Using psychophobic labels from other languages — including English — in a Brazilian context does not diminish the harm. If a Brazilian citizen uses such a term to humiliate or attack a person with a disability, they are criminally liable under Brazilian law, regardless of the term’s origin.

 

Why Should We Avoid Psychophobic Terms?

 

Because they violate human dignity, a constitutional right.

 

Because they are crimes, subject to penalties under the Penal Code and federal laws.

 

Because they perpetuate stigma, leading to psychological harm, isolation, and suffering.

 

Because they harm social justice, making it harder for people with disabilities to live fully and freely.

 

Because language reflects values, and inclusive language promotes empathy, respect, and civil coexistence.

 

In Brazil, psychophobia and the use of psychophobic terms — including English-language xenophobic slurs — are not just offensive: they are criminal. The legal system, through the Federal Constitution, the Brazilian Penal Code, the LBI, and anti-discrimination laws, makes it clear that such conduct is unacceptable in a democratic society founded on human dignity and equality.

 

Avoiding such language is not only a matter of political correctness — it is a matter of justice, legality, and humanity. Building an inclusive society requires that we educate ourselves, correct our language, and hold accountable those who promote or normalize discrimination, in any form and in any language.

 

Bibliographic References 

 

Ávila, Thiago Pierobom de. (2024). The Criminalization of Psychological Violence in Brazil: Challenges of Legal Recognition and Unintended Consequences. In: Douglas, H., Fitz-Gibbon, K., Goodmark, L., & Walklate, S. (Eds.), The Criminalization of Violence Against Women: Comparative Perspectives. New York: Oxford University Press.

 

Santos, Karla Cristina dos. (2012). A problemática da constituição da ofensa no ato de insultar: a injúria como prática linguística discriminatória no Brasil. PhD thesis, Universidade Estadual de Campinas. Available at: repositorio.unicamp.br.

 

Gomes, Hiago Veras & Araújo, Ludgleydson Fernandes de. (2022). Criminalization of LGBTphobia in Brazil: A Comparison of Homosexual Men’s and Heterosexual Men’s Conceptions. Journal of Homosexuality, 70(9), 1829–1846.

 

Moura, Juliana Gonçalves & Feguri, Fernanda Eloise Schmidt Ferreira. (2012). Criminal responsibility of psychopaths in the light of the Brazilian Penal Code. Semina: Ciências Sociais e Humanas, 33(2), 203–216.

 

Alvares dos Prazeres, Paulo Joviniano & Fernandes, Lais Araujo. (n.d.). Criminal Legislation and the Incidence of the Rule to Individuals with Psychiatric Disorders: An Analysis of Psychopathy in the Brazilian Criminal System. Reflection and Critique Law Magazine. 

 

Diniz, D. (2013). Mental illness and crime in Brazil. The Lancet, 382(9887), 1309. 

 

Penfold, Tom. (2017). A Specific Kind of Violence: Insanity and Identity in Contemporary Brazilian and South African Literature. Journal of Southern African Studies.