Combate à discriminação racial e a legislação brasileira: o movimento de uma racionalidade jurídica.

Abstract

The present work seeks to analyze the Brazilian legislation, how it has acted and still acts towards black population, in order to verify a rationality behind that can make it ineffective in the fight against racial discrimination laws that explicitly aim the strengthening of this combat. It was sought to unravel the categories of race and racism, the way they work in Brazilian social relations, to confront this operation with the legislative provisions within this theme. A bibliographic and qualitative method was used, using data related to black situations in Brazil; it was analyzed the legislation with national influence in the period from 1824 to 2018, theoretical concepts of race, racism and racial discrimination and the epistemological understanding of the importance of the Time of Law and the written law as a constructive category. The confrontation showed: that the current Brazilian anti-racist legislation aims to combat the racial discrimination in the segregatory patterns, inspired by the North American’s identities movements, even though a segregational regimen never really took place in Brazil; that the brazilian legislation for more than a century has an express and formally racist position; that contemporary egalitarian legislation did not recognize the weight of a historically racist law and how racism works in Brazil, and, therefore, it hasn’t been capable of changing the functioning of its institutions. It was concluded that Brazil has not yet been able to embrace the way racism influences their social relations, not being able to fight it with due efficacy.