Racismo institucional no sistema de justiça e a viabilidade de se julgar com perspectiva racial: um olhar sobre a atuação da justiça federal da quinta região em casos de vítimas de racismo entre os anos de 2019 e 2024

Abstract

The study addresses institutional racism in the Justice System, focusing on the Regional Federal Court of the 5th Region between 2019 and 2024. The research analyzes judicial decisions handed down in criminal proceedings that investigate crimes of racism, highlighting the persistence of discriminatory practices and institutional structures that reinforce racial inequalities. Using qualitative analysis of the content of procedural decisions, the work examines how legal discourses contribute to the maintenance of these inequalities, often disregarding the collective impact of racial offenses. 62 criminal procedures were selected, considering themes involving racism and prejudice, based on the use of thematic filters in a computerized procedural search system, allowing the analysis of conclusive or definitive decisions handed down in these proceedings. The multidimensional approach seeks to overcome the idea of the existence of views considered neutral and impartial, demonstrating the presence of a monochromatic perspective linked to a dominant social group. The analysis of the selected decisions reveals the existence of a difficulty in the Justice System in recognizing certain practices as racism, pointing to the existence of institutional racism. The research reveals the need for more robust anti-racist policies and a racially-sensitive legal hermeneutics in order to mitigate structural inequalities and ensure effective accountability and protection of constitutional rights. It shows that expanding the racial perspective in state institutions, through affirmative action policies and representation, is essential to overcoming historical inequalities and building a more just and inclusive society, strengthening democracy by ensuring the integration of different social groups in judicial decisions. It is also evident that a critical and contextual look is necessary, with respect to the social, cultural and historical specificities of the parties involved in judicial processes, to guarantee truly inclusive and equitable justice.