Structural prejudice and legal effectiveness

A study on the limits of the law in reparation of discrimination in Brazil

Abstract

This study analyzes the limits of legal effectiveness in addressing structural prejudice in Brazil, understood as a system of institutionalized discrimination that intertwines race, gender, and religion. Based on the gap between legal norms and their practical implementation, it investigates how the State, through its institutions, contributes to the perpetuation of inequality under the guise of legality. The research shows that the formal equality enshrined in the 1988 Constitution is insufficient to ensure equitable access to citizenship due to structural selectivity within the justice system, public policies, and law enforcement. Grounded in the concept of intersectionality, the paper examines how the lack of legal policies responsive to overlapping forms of oppression leads to the institutional invisibility of historically marginalized groups, such as Black women, LGBTQIA+ people, and followers of Afro Brazilian religions. Using a qualitative approach, through literature review and document analysis, the study underscores the need for a new legal hermeneutic committed to substantive equality and to dismantling institutionalized discrimination.