Como decidem os tribunais? uma análise das decisões do TJPE sobre os crimes de racismo e injúria racial

Abstract

On January 11, 2023, there were important changes regarding the equivalence of the crime of racial injury to the crime of racism, through Law No. 14.532/2023. This research seeks to discuss the effects of this legislative innovation and how legal institutions, especially the Court of Justice (2nd Instance) of the State of Pernambuco, have been positioning themselves legally in the face of these crimes. To this end, the study method used is that of empirical research that uses bibliographic review and documentary analysis with a focus on the analysis of the contents of legal decisions, through investigations on the qualitative data of the court's decisions. However, as the object of study translates into historical and social constructions, the contributions of jurists and researchers in the humanistic and legal sciences, such as Clóvis Moura, Sílvio Almeida and Dora Bertúlio, will be observed. Therefore, data collection will be done through qualitative data that provide a study enlightened by the intersections between law and society, aiming to better understand the legal system that involves this social group. As a result, it was perceived that there is indeed a greater rigidity on the part of the Judiciary in decisions that deal with crimes of racism and racial injury, but it is pointed out that according to scientific productions, only the harsher condemnation of criminal conduct will not solve the problem.