CRIMES OF RACISM AND LAW ENFORCEMENT.

Abstract

This study aimed to analyze the application of criminal law regarding racism crimes in Brazil, identifying advances, gaps, and challenges. The research began with the historical and legal contextualization of the fight against racism in the country, especially addressing Law nº. 7,716/1989 and Law nº. 14,532/2023, which criminalize discriminatory conduct. The methodology used was based on bibliographic and documentary research, analysis of decisions of the Supreme Federal Court and Superior Court of Justice and related matters, as well as publicly available data. The results show that the enactment of Law nº. 14,532/2023 represented a significant advance. The equation of racial insult with the crime of racism, as well as the provision for its imprescriptibility and non-bailable nature, reinforces the seriousness of these behaviors and expands the mechanisms for holding offenders accountable. Furthermore, the new legislation contributes to recognizing contemporary forms of prejudice, such as recreational, religious, and sporting racism, thus broadening legal protection. Despite these normative advances, significant challenges remain for the effective application of these laws. Underreporting of cases, difficulty in producing evidence, procedural delays, and, in some cases, the application of sanctions considered lenient reveal obstacles that limit the full effectiveness of the norms. In this scenario, the Judiciary has played a relevant role by building jurisprudential understandings that seek to strengthen protection against discriminatory practices, establishing criteria for characterizing the crimes of racism and racial slurs, and reaffirming the need for adequate accountability of the perpetrators of these behaviors.