RACISM, SOCIAL PATHOLOGY AND ITS LEGAL IMPLICATIONS FROM THE CHANGES INSERTED BY LAW NO. 14,532/23

Abstract

This article seeks to address the theme of extreme legal and social relevance regarding racist practices and their reflections on Brazilian Criminal Law, addressing historical aspects on the subject, as well as certain concepts used at the vertices of certain discriminatory and prejudiced practices. In this context, an approach will be made to the constitutional treatment and the main laws that govern the matter in the national legal system, focusing on the constitutional/criminal confrontation with regard to prejudice and racial discrimination, based on the treatment given to crimes of racism and racial injury from the emergence of Law No. 14,532/23. Inconsistencies and existing gaps are pointed out, as well as suggestions for improvement, despite the recent legislative increase, formulating reflections on the problem of the (un)need for Criminal Law to focus its batteries on the protection of groups historically victimized by the incidence of prejudiced and discriminatory conducts in the light of a Democratic State of Law and the necessary dignity of the human person.