HISTORICITY AND JUDGMENT OF CASES AFFECTING RACIAL ISSUES IN THE UNITED STATES AND BRAZIL

Abstract

Racism issues in the United States and Brazil have been notoriously fought against, however, in the 21st century, the fight against racial segregation seems to have no end. In the southern United States, after the Civil War, Jim Crow laws were in force for many decades, promoting the separation of whites and blacks. These laws were legally instituted as one of the conditions for peace between the southern and northern states of the United States. They were only formally repealed in 1964, with the enactment of the Civil Rights Act, which ended racial segregation in the United States. In the meantime, several cases were judged by the American Supreme Court, whose decisions initially recognized the separatist norms as legal and, many years later, only in 1954, were they also repealed by the Court itself for being contrary to the Constitution. In Brazil, with the abolition of slavery in 1888, slaves were left to fend for themselves in society, as they had no access to education or property, and thus no rights as citizens, which led to the emergence of a new social class made up of poor black people, which continues to this day. As demonstrated in this article, according to data from the IBGE, in 2019, 75% of people living in extreme poverty in Brazil are black people, whose numerical disparity makes it difficult to access higher positions. As a result, Brazil implemented public policies of affirmative action, aiming to combat social inequality resulting from racially discriminatory practices. In the legal field, the most recent Law No. 14,532, in force since January 11, 2023, stands out, which amended Law No. 7,716/89, classifying the practice of racial injury as a crime of racism, by increasing the penalty and also making it imprescriptible and non-bailable. It can be seen, therefore, that both in the USA and in Brazil there is a constant struggle by the black community, resulting from the end of slavery in these two countries, to be seen and to have their place of speech and space in society and in the Justice system, requiring State intervention so that their rights are guaranteed and preserved.