O direito fundamental à igualdade na perspectiva da antidiscriminação racial: para além do mandado constitucional expresso de criminalização do racismo
Despite the scientific denial of human classification into biological races, racial discrimination is perceived as a social issue. Thanks to the belief of a racial democracy, racism was, for many years in Brazil, a widespread practice that resulted from the multicultural background of the Brazili...
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| Formato: | Dissertação |
| Idioma: | por |
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/24046 |
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| Resumo: | Despite the scientific denial of human classification into biological races, racial
discrimination is perceived as a social issue. Thanks to the belief of a racial democracy,
racism was, for many years in Brazil, a widespread practice that resulted from the
multicultural background of the Brazilian people (which is a mixture of native indians, the
Portuguese European and African slaves). As a result, anti-discriminatory policies ended up
being pushed out of the government’s agenda. Nonetheless, sociological studies have shown,
inexorably the opposite; discrimination by “race”/skin color is a social virus that widely
spread through Brazilian society and as such, the black population became subordinate and
alienated from social achievements. For this reason, seeking to effectively safeguard the right
to equality through banning racial discrimination, the 1988 Brazilian Federal Constitution
broke new grounds, criminalizing racial discrimination, as an ultimate State responsibility
enforced by the legislator. Criminal laws then emerged, proscribing discriminatory behavior.
Nevertheless, despite the undeniable relevance of such legal mechanisms, criminal laws were
not sufficient to prevent this multifaceted and complex social phenomenon (racism) and for
this reason, the main goal became to analyze the evolution of the dogmatic process of
constitutional realization of the right to equality, in the context of racial non-discrimination, to
find theoretical paths able to provide improvement on this matter. It has been noted, through
this research, the need for improvement of public policies that provide both economic
redistribution of wealth, as well as the recognition to the status, values and culture of black
people, to allow and promote the emancipation of this part of the population (now already
majority) and to leave behind once and for all, the shadow of slavery. |
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