Injúria racial e crime de racismo: dignidade da pessoa humana: uma análise sociojurídica da aplicação da nova Lei 14532/2023 no crime de racismo e injúria racial e sua efetividade nas estruturas sociais

Abstract

The Objet of this research is pertinent to the thematic field of sources of law, since an expository analysis of facts and events that precede and follow the implementation of a law destined to fulfill the main vertex of our democratic system of law is made: a society fair and egalitarian - core of our 1988 federal constitution of Brazil. The evolution of society, in terms of racial prejudices, has been consolidated with great difficulty and slow steps, despite all legislative and legal efforts. Law 7.716/89 was an important weapon against the cruel arbitration of prejudice, however, it left gaps in its objectification, not necessarily covering commissive acts filled with racism reserved for those dark-skinned individuals, individually. The social structure, the implemented policies, still hide the little effectiveness of society, regarding racism and racial insult towards black individuals, moving them away from fundamental rights and, more cruelly, from the fundamental principle that guides our Cf/88 – the dignity of the human person. Law 14,532 of 2023, however, was inserted into our legal system to fill this echo of the gap, provide greater amplitude and suppress the legislative “void, omission”.