O uso da cor da pele e dos traços fenotípicos como marcadores sociais na manutenção de privilégios e exclusão racial no Brasil: uma análise crítica à luz do direito antidiscriminatório e do princípio da igualdade

Abstract

This study investigates, from a post-critical perspective, the use of skin color and phenotypic traits as social markers that sustain privilege and racial exclusion in Brazil, under the framework of Anti-Discrimination Law and the constitutional principle of equality. The research adopts an interdisciplinary approach, combining historical, sociological, and legal perspectives to demonstrate that Brazilian racism is structural and institutionalized, manifesting diffusely and persistently. Methodologically, the study is based on literature review, normative analysis, and case studies involving judicial and administrative decisions, focusing on public policies, affirmative actions, the justice system, and the impact of physical appearance on criminal selectivity and access to rights. The conclusion highlights that phenotypic markers function as concrete criteria of social hierarchy and influence legal outcomes. The study advocates for an anti-racist constitutional hermeneutics committed to overcoming legal formalism and promoting material equality and racial justice.