A injúria qualificada por motivo de raça como forma de racismo

Abstract

The present course conclusion paper analyzes the crime of racial injury as another form of the crime of racism foreseen by the Federal Constitution of 1988. The question arises in view of the impunity that existed before the understanding of the Superior Court of Justice, which it was ratified by the Supreme Federal Court, which recognized the crime of qualified injury on the grounds of prejudice as a crime of racism. The work is briefly approached, given its immense size, the history of racism from ancient times to the present day, in the world and in Brazil. It highlights the consequences of racism in the world as wars and slavery, as well as in Brazil, injustices and a mistaken theory of racial democracy that disguises the prejudice in Brazilian society about the fragile claim that racism does not exist here. In this context, the history of Brazilian legislation on the topic and the ineffectiveness of the law are studied, because, although it is expected to be punished for such despicable and horrifying practices, it is frequently seen in public places such as cinemas, theaters, football stadiums, shopping malls, as well as in educational institutions, police approaches, internet, among other places. Finally, the definitions on the theme are studied according to the constitutional and penal doctrine, as well as jurisprudential in the scope of several instances.