A constitucionalidade da lei 14.532/2023 à luz das convenções internacionais sobre discriminação racial e da jurisprudência do Supremo Tribunal Federal

Abstract

The racial phenomenon assumes, in the Brazilian context, several expressions, sometimes quite explicit, sometimes implicitly in the daily life of Brazilians, which is why it is the subject of philosophical and sociological studies throughout the Brazilian territory, especially the Act of Racism (Law 7.716/1989). However, although it is an old topic, there is still a lot of doubt about how it is seen intemationally and how it affects the national legal field. Thus, the central objective of this research is to identify and understand how the Inter-American Convention Against All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Racial Discrimination and the jurisprudence of the Supreme Court influenced the interpretation and application of the changes brought by Law 14.532/2023. Thus, the question that drives this research is: is it possible to understand that racial injury is an expression of racism? For this, it is essential to answer other preliminary questions, for example: is this equalization of racial injury to racism constitutional? What is the jurisprudence of the Supreme Court on the concept of race and discrimination? Is it possible to declare, in any way, the unconstitutionality of Law 14,532/2023 based on the Inter-American Convention Against All Forms of Racial Discrimination? For this, the technique of indirect research will be used, by exploratory way. It will be analyzed documents of important entities and bodies in the area, as well as sites of relevant institutions and research and works of a sociological nature, in view of the news several times undocumented with current and relevant information on matters. It will also be developed bibliographical research of authors specialized in the area and analysis in Brazilian legislation and jurisprudence, especially the decisions regarding the Habeas Corpus nº 154.248/DF, to Habeas Corpus nº 82.424/RS and to the “Arguição de Descumprimento de Preceito Fundamental” nº 186, all from the Supreme Court. In final considerations, the importance of interdisciplinarity between law and other human sciences (sociology, anthropology, etc.) and the reaffrrmation of Brazilªs international commitment as essential criteria for decision-making by Brazilian courts is emphasized.