Injúria racial como crime de racismo: uma análise a partir da Lei nº 14.532/2023

Abstract

This article addresses the discussion surrounding the equation of racial insult with the crime of racism in the Brazilian legal context, based on Law No. 14,532/2023. Firstly, the historical context of racism in Brazil was examined, the historical and social reasons that caused this practice to persist today, and the concept of race. Next, the legal issues that permeate this theme were analyzed, studying the crime of racism and racial insult, so that the differences and similarities between the two were highlighted. Also, the laws that deal with racism were studied, from the time of slavery to the Caó Law. Furthermore, Law 14,532/2023 was studied specifically, with the aim of observing the impacts of equality on social and legal dynamics, seeking to understand how it can contribute to the promotion of racial equality and the fight against discrimination. We conclude the article by highlighting future perspectives and potential improvements that equating racial insults with racism can bring to the Brazilian legal system. By exploring these questions, we aim to contribute to an informed debate about the effectiveness of existing laws and possible reforms needed to strengthen the protection of rights and the promotion of racial equality in the country.