Análise das circunstâncias e contingências sociopolíticas da tipificação do delito de injúria racial como crime de racismo (Lei Nº 14.532/2023)

Abstract

This paper addresses the phenomenon of penal populism, in which criminal laws are created or tightened with the main objective of gaining popular support, rather than reducing crime or promoting justice. This process leads to so-called symbolic legislation, in which the political impact of the law overrides its real effectiveness. In the field of criminal law, this results in rules that are more rhetorical than practical, serving to satisfy public opinion and reinforce the image of the State, without necessarily solving social problems. Authors such as Zaffaroni criticize this instrumentalization of criminal law, highlighting that many penalties applied are ineffective in preventing crime or in social reintegration. In addition, the sociology of punishment points out that social movements also sometimes end up driving the tightening of the penal system as a response to structural problems. Finally, the paper relates penal populism to modern penal rationality, which prioritizes custodial sentences as a solution to conflicts, increasing the State's punitive power. Based on these theoretical reflections, the study analyzed Bill No. 1749/2015 and the parliamentary discussions that led to the creation of Law 14,532/2023, investigating its political and symbolic motivations, as well as examining the process of criminalizing racism and racial injury, in addition to the impacts of the new legislation, complementing the research with an analysis of public opinion.