A ANALYSIS OF THE CRIME OF RACISM IN BRAZILIAN CRIMINAL LEGISLATION

Abstract

The present article proposes an in-depth analysis of the crime of racism in Brazilian criminal legislation, highlighting its historical evolution, constitutive elements, and social impact. Initially, we contextualize racism as a form of structural discrimination, emphasizing its persistence in Brazilian society. Subsequently, we provide an overview of the legislative evolution of the crime of racism, from its inclusion in the 1988 Constitution to the most recent amendments. The study examines the elements that characterize the crime of racism, comparing it with other types of discrimination outlined in legislation. We analyze relevant jurisprudence to identify interpretative patterns and gaps in the application of the law, considering the effectiveness of punitive and preventive measures. We also emphasize the importance of anti-racism legislation as a tool for promoting racial equality and protecting fundamental rights.