A inclusão da injúria racial na lei n.º 7.716/89 e seus desdobramentos sociojurídicos

Abstract

In light of the recent legislative amendment to Article 2 of Law 7,716/89, which incorporated racial insult into the anti-racism law, this study begins with this milestone to deeply analyze the legal and sociological dimensions in Brazil. The objective is to examine the evolution of laws related to racial issues, the impacts of sociological theories, and the legal configuration of racial insult. The research investigates keywords defining insults and their relation to the characterization and denunciation of racial insult, drawing on 20th-century theories and contemporary authors such as Silvio Almeida and Bourdieu. This aims to explain why, despite a majority of Black population and racial mixing, Brazil still grapples with racism. Employing a deductive approach, the study analyzes key anti-racism laws since the abolition of slavery to understand the evolution of legal treatment. Furthermore, based on sociological theories, it seeks to comprehend the persistence of racism in Brazilian culture, including structural racism. The focus is on legislation criminalizing racial offenses, shedding light on how Brazil addresses racial issues. This elucidates the necessity of the recent amendment in Law 14,532/23, which classifies racial insult as a crime of racism, owing to a lack of understanding of the gravity of racial discrimination. The Federal Constitution protects racial diversity, making racial prejudice non-prescriptible and non-bailable. Additionally, the current Minister of Human Rights is a renowned author on structural racism. The combined legal and sociological analysis underscores the complexity of racial inequality in Brazil.