Preconceito racial e o princípio da igualdade: uma análise jurídica à luz da constituição federal

Abstract

The present work proposes to address the constitutionality of the crime of racism, characterized in Brazilian society as a problem not only of a social order, but also an institutional one. For this, it will be alluded to the crime of racism and its criminal sanctions, as well as why its existence represents an offense to the principle of equality, one of the principles that governs the Federal Constitution. Among the objectives of this study is the description and discussion about the lack of opportunities for blacks today. Throughout the work, he was concerned with making a parallel with the historical origin of racism in Brazil, in order to better understand the context in which it culminated in the current situation in Brazil. The differentiation of the concepts of racism, racial prejudice and discrimination was also analyzed, in order to enter into the principle of equality, and, finally, bring the legal provision for crimes of racism. Therefore, an attempt was made to clarify the relevance of anti-racial laws in order to achieve racial equality, using the dialectical method for reporting.