Structural racism

A study on the (in) effectiveness of legislation in Brazil

Abstract

This work aims to analyze the limits of legal effectiveness in confronting structural prejudice in Brazil, understood as a system of institutionalized discriminations that articulate race, gender, and various other factors. Starting from the recognition of the discrepancy between legal norms and their concrete application, it investigates how the State contributes to the eradication of inequalities, under the guise of legislation and the creation of efficient public policies. The research shows that formal equality, as foreseen in the 1988 Constitution, has proven insufficient to guarantee equitable access to citizenship, due to the structural selectivity that permeates the justice system, public policies, and the repressive apparatus. Using the concept of intersectionality, the study examines how the absence of policies sensitive to multiple forms of oppression contributes to the invisibility of historically discriminated subjects, such as women and Black people. Using a qualitative approach, with bibliographic review and document analysis, this work is justified by the need to create a new approach to legal hermeneutics, which must be more committed to subjective equity and overcoming discriminatory structures that are largely naturalized.