Racial injury and racism are crimes provided for by Brazilian law. Racial insult is defined by article 140, third paragraph of the Penal Code, while racism is provided for in Law No. 7,716/89.
The crimes of racial injury and racism have equal penalties and similarities related to the reasons for the offense. All other characteristics of crimes are divergent.
racial slur
Racial insult is considered a crime against honor, and consists of an offense to the dignity or decorum of someone, using elements referring to race or color.
Racial injury is a kind of qualified injury and its penalty ranges from 01 (one) to 03 (three) years of imprisonment and fine, thus prescribing in 08 (eight) years, pursuant to article 109, IV of the Code Criminal.
The legal asset protected in the case of racial injury is the subjective honor of the offended party, which is why it is a crime of public criminal action conditioned on representation, that is, the crime is only prosecuted upon the initiative of the offended.
In addition to criminal action, racial injury can lead to civil proceedings and compensation is payable. The injured party can claim compensation for moral damages, which shall be judged as a new action, in the civil and non-criminal court.
Example of racial insult: calling a black person a monkey. In this case, the offense was directed exclusively at the person.
Racism
Racism consists of a list of different discriminatory behaviors directed at a group due to its color, race, ethnicity or national origin.
The legal asset protected in the case of racism is equality, which is why the crime has a more serious nature and is an unconditional public criminal action. Thus, the processing of the crime belongs exclusively to the Public Prosecutor's Office and is independent of any initiative by the offended.
In Brazil, racism is a crime defined in Law No. 7,716/89 and is non-bailable and imprescriptible. The law defines the hypotheses of racism in an exhaustive way, that is, there is no crime of racism that is not provided for in Law No. 7,716/89.
The penalty for the act of racism varies between 01 (one) to 03 (three) years in prison plus a fine.
Example of racism: charging more for an individual's entrance, because he/she is black. In this case, the offense is directed at all blacks, considering that anyone would pay more.
Differences Between Racial Injury and Racism
The differences between racial injury and racism are:
Offense targeting (victims): in injury, the words are spoken to an individual of different color or ethnicity. In racism, discrimination is aimed at the entire social group referred to, such as preventing a black person from entering a certain place. The action may have been individual (one black was prevented from entering), but it extends to all others members of that group, since if a black person was impeded by racial reasons, no other could to enter.
Prescription: the crime of racial injury expires in 08 (eight years) while the crime of racism is indefinite.
Share ownership: the crime of racial injury is prosecuted through public criminal action conditioned to the representation of the offended party, while the crime of racism is an unconditional public criminal action, that is, the exclusive property of the Ministry Public.
Bail: the crime of racial injury is subject to bail while racism is not bailable.
Legal forecast: the crime of racial injury is provided for in the Penal Code while the crime of racism is provided for in Law No. 7,716/89.
Protected legal asset: in the crime of racial injury, the protected legal asset is the subjective honor of the offended party. In the crime of racism, the protected legal asset is equality between individuals.
See too:
- Injury
- Racism
- Racial prejudice
- Discrimination
- race and ethnicity
- The 5 most important moments in the fight against prejudice and racism