The difference between racial injury and racism lies in the direction of action.
In the insult, the offense is directly referred to an individual of a different color or ethnicity. In racism, the discriminatory action applies to the entire social group, such as preventing blacks from accessing a certain location.
| Racism | Racial Injury | |
|---|---|---|
| Definition | Racism is the action of discriminating against an entire social group, because of their race, ethnicity, color, religion or origin. |
It is considered racial injury the offense made to a particular person with reference to their race, ethnicity, color, religion or origin. |
| well legal | Human dignity. | Subjective honor. |
| victims | Undetermined number of victims. | Determined number of victims. |
| Law | Law 7716/1989. | Article 140, paragraph 3, of the Penal Code. |
| Criminal Action | Unconditioned public. | Public subject to representation. |
| Bail | Non-bailable. | Bail is up. |
| Prescription | Imprescriptible. | It prescribes in 8 years, according to art. 109 of the Penal Code. |
| Example | Prohibit blacks from entering a certain establishment. | Verbally insulting a person with reference to their color. |
What is racism?
Racism is the action of discriminating against an entire social group, because of their race, ethnicity, color, religion or origin.
The crime of racism is provided for in Law n. 7,716/1989, implying this discriminatory conduct directed at a certain group. Actions such as preventing minority groups from accessing certain establishments and denying them jobs are considered racism.
The crime is non-bailable and imprescriptible. The penalty ranges from 1 to 5 years in prison, depending on the case.
What is racial slurs?
It is considered racial injury the offense made to a certain person, with reference to:
- Race
- ethnicity
- Color
- Religion
- Deficiency
- Origin
Racial injury is defined by article 140, paragraph 3, of the Penal Code, which establishes the penalty of 1 to 3 years in prison and a fine. In addition to criminal action, racial injury can give rise to civil proceedings from which compensation is due.
Unlike the crime of racism, racial injury prescribes in 8 years.
See also the difference between:
- Prejudice, racism and discrimination
- Imprisonment, detention and simple imprisonment
