A tourist in Brazil may face a prison sentence of up to five years after a video showing her making a racist gesture toward bar staff went viral.

Agostina Páez, a 29-year-old lawyer from Argentina, was taken into custody after a video purportedly captured her imitating a monkey and using a racial epithet as she exited a Rio de Janeiro beachfront bar in the early hours of January 14.

The video, filmed by a bar employee, sparked widespread outrage in Brazil, a country where racism is a serious criminal offense under stringent laws. The incident has also fueled a diplomatic dispute between Brazil and Argentina.

A court in Rio de Janeiro has begun reviewing evidence in the case, with a verdict anticipated in the near future.

Páez has issued an apology for her behavior, claiming that she was provoked during a disagreement over her bar tab. She explained, “It was an emotional reaction. I never imagined the seriousness of it all.”

While specifics of the altercation remain murky, prosecutors assert that the incident stemmed from a dispute over billing.

Páez has alleged staff behaved aggressively toward her and her friends, making obscene gestures at them as they were leaving. 

Security camera footage from the bar, reviewed by The New York Times, appears to show an employee taunting the tourists as they were leaving the bar.

An Argentine tourist could face up to five years in prison in Brazil after she was filmed making a racist gesture toward bar staff in a video that quickly spread online

Agostina Páez, 29, a lawyer from Argentina, was arrested after footage allegedly showed her mimicking a monkey and using a racial slur as she left a beachfront bar in Rio de Janeiro in the early hours of January 14

Pictured: Argentinian Agostina Paez speaks with the local media at the Argentinian Consulate in Rio de Janeiro, Brazil, on March 25

Despite the claims, Brazilian authorities have pressed ahead with charges, arguing that any provocation does not excuse racist behaviour. 

Prosecutor Fabíola Tardin said: ‘You can’t simply waive Brazilian law because she claims she didn’t know racism was a crime.’ 

The case has become a flashpoint between Brazil and Argentina, exposing stark differences in how the two countries approach race and discrimination. 

In Brazil, where slavery was only abolished in 1888 and racial inequality remains a major issue, the trial is being seen as a test of the country’s tough anti-racism legislation. 

Supporters say it shows authorities are finally enforcing laws designed to tackle abuse, with Tardin adding: ‘This is a source of national pride.’ 

But in Argentina, some politicians and commentators have rallied behind Páez, portraying her as the victim of an overly harsh justice system. 

Right-wing figures have accused Brazil of overreacting and turning the case into a political statement, with allies of President Javier Milei claiming she is being unfairly targeted. 

Páez has also said she received threats and faced ‘extreme persecution’ following the incident. ‘I’m desperate, I’m scared to death,’ she said in one video.

She was initially held in Brazil under restrictions, including wearing an ankle monitor, before being allowed to return to Argentina after posting bail of around $20,000. 

If convicted, she could face a reduced sentence due to her lack of prior convictions, potentially serving time in Argentina or carrying out community service, along with paying damages to the bar staff involved. 

The case is now set to reach a conclusion in the coming weeks, with Brazilian authorities insisting it sends a clear message that racist abuse will not be tolerated.