AS DECISÕES DOS JUÍZES E TRIBUNAIS BRASILEIROS SÃO RACISTAS? : UMA ANÁLISE CRÍTICA SOBRE DECISÕES JUDICIAIS, INTERPRETAÇÃO JURÍDICA E RACISMO ESTRUTURAL

• Autor(a) principal: Machado, Vitor Gonçalves
• Data de Publicação: 2022
• Outros Autores: Freire Junior, Américo Bedê
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Meritum (Belo Horizonte. Online)
• Texto Completo: http://revista.fumec.br/index.php/meritum/article/view/8758

After the 2020 events, in which the Black Lives Matter movement emerged, we grew our eyes focused on the debate and problematization of racial issues. In this sense, in the case of Law, we need to analyze whether there is structural racism in the decisions rendered by the Brazilian Judiciary. We understand that there must be limits to the legal interpretation of judges and courts, and the law cannot be what the judges say it is. Solving the problem of racism in Brazilian society is difficult, but we believe, for the Judiciary, that topics on racial issues are important to include in the initial training and improvement of judges. Although there are decisions that had racist interpretations, we are not allowed to conclude that the entire Brazilian Judiciary develops a racist interpretation when analyzing concrete cases, even though such decisions, even few, are already capable of causing harm as great as the crime of racism itself.