2015
DOI: 10.19092/reed.v2i1.54
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Legislação antirracista punitiva no Brasil: uma aproximação à aplicação do direito pelos Tribunais de Justiça brasileiros

Abstract: O artigo apresenta os principais resultados de pesquisa jurisprudencial composta de decisões envolvendo a aplicação da legislação antirracista punitiva no Brasil por nove Tribunais de Justiça (TJs) brasileiros entre os anos de 1998 e 2010. Por meio da análise das duzentas decisões disponibilizadas pelos TJs do Acre, Bahia, Mato Grosso do Sul, Paraíba, Pernambuco, Rio de Janeiro, Rondônia, Rio Grande do Sul e São Paulo intenta-se compreender o que tem ocorrido nesta instância do Poder Judiciário a fim de contri… Show more

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Cited by 3 publications
(2 citation statements)
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“…Therefore, there are two distinct ways for the realization of racial justice: the civil sphere The courts of appeals in other states have not acted differently, given the high rate of dismissal of legal proceedings and the predominance of judges' interpretation of the cases reported as slander, not racial slurs, under the argument that the motivation for such acts did not result from the notion of race or racism. For most Brazilian judges, slanderous acts against black people tend to be interpreted as personal quarrels, and this is a nationwide judicial interpretation (Machado et al, 2015).…”
Section: Workers' Party and The Issue Of Race: Building Anti-racism Institutionsmentioning
confidence: 99%
See 1 more Smart Citation
“…Therefore, there are two distinct ways for the realization of racial justice: the civil sphere The courts of appeals in other states have not acted differently, given the high rate of dismissal of legal proceedings and the predominance of judges' interpretation of the cases reported as slander, not racial slurs, under the argument that the motivation for such acts did not result from the notion of race or racism. For most Brazilian judges, slanderous acts against black people tend to be interpreted as personal quarrels, and this is a nationwide judicial interpretation (Machado et al, 2015).…”
Section: Workers' Party and The Issue Of Race: Building Anti-racism Institutionsmentioning
confidence: 99%
“…It is a practice reproduced on a regular basis in the contemporary period, undermining the justice system as an innocuous institution when it comes to punishing crimes of racism. Recent studies conducted on the punitive anti-racist legislation enforcement over the last two decades point out that only a small number of convictions have been sentenced(Machado et al, 2015;Machado et al, 2016) Santos (2015). analyzed data concerning the São Paulo State Court of Appeals from 2003 to 2011, showing how this Court processed complaints of racial discrimination in police reports and legal representation of victims by their attorneys.…”
mentioning
confidence: 99%