O racismo institucional como impedimento de aplicação da lei antirracista

Abstract

Institutional racism as an obstacle to the application of appropriate legislation in cases of racial discrimination. The applied research brings some concepts that contextualize the origin of racism in Brazil and its developments, in focus, institutional racism. This makes effective access to justice impossible when racial conflicts occur. The research cites authors who conceive of racism and its forms; explaining the justifications of the impediment in law enforcement and definitions that contribute to the understanding of impediment. Gradually, the concepts presented are identified in the case study where a criminal action has been analysed. The interview with one of the parties to the criminal proceedings exposes information omitted in the investigation and contributes to the understanding process. As a result, the presence of institutional racism is shown in the theory, in the procedural path and in the social relationship of the case analysed.