Haiti is still here: Law 7716/89 and “Brazilian way racism”

Abstract

The article will examine the Federal Brazilian Law Against Racism (n. 7716/89), checking its effectiveness and appropriateness as a tool to combat racism against black population in Brazil. The right to formal liberal equity proved to be insufficient to ensure equal conditions to all people, and only with the social movements of the nineteenth century the concept has spread beyond the equal legal treatment, demanding the State to be aware of the different social realities of its citizens. For historical and cultural reasons, in Brazil the black population is the biggest victim of prejudice and discrimination. Law 7716/89 criminalizes discriminatory acts committed because of prejudice based on race, color, ethnicity, religion or national origin. Thus, the argument will be developed from the question: criminalizing discriminatory behavior is a suitable mean to eradicate racism?.