Do “caso” à “causa” e à “justa causa”: incorporação do sofrimento negro à gramática dos direitos humanos no Judiciário

• Autor(a) principal: Nascimento, Fernando
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Insurgência
• Texto Completo: https://periodicos.unb.br/index.php/insurgencia/article/view/38442
• topic: Direito Humanos; Racismo; Racismo estrutural; Racismo institucional; Movimento negro; Luta antirracista; Direitos Humanos; Racismo

The article analyzes the challenges of black suffering to be incorporated into the grammar of human rights in legal proceedings on racial offenses, showing, from this perspective, that it is necessary to emphasize the dimension of social practices in the context of version disputes, as a space for counter-narratives that can lead to the construction of the grammar of rights, whose racial problem is the main obstacles to its realization. Therefore, in the first topic, the invisibility of racial offenses in the brazilian Judiciary will be highlighted, which have been silenced and minimized within the functioning of the judicial bureaucracy, which has contributed to the production and reproduction of racism. Then, the defining power of the State will be articulated with racism, in which the State, as the privileged locus for the exercise of power, has been demarcating the black body as a sign of death, police suspicion, black prisons and, in the field of repression to racism, by not recognizing the seriousness of racial offenses. Finally, from an insurgent perspective and from a critical theory of human rights, discuss the importance of the black movement, of struggles and resistance for the construction of a grammar of human rights that includes the humanity of the black population and to retire the racism of the invisibility and indifference.