This article was developed in the international exchange program at the University of California/USA – Global Classroom (Race, Crime and Justice) in which I am part and aims to talk about the historical evolution of Brazilian racial democracy, from the period of slavery to the where today, we have a new Citizen Constitution that received constitutional rights and guarantees that value and respect Afro culture and created laws criminalizing racism and admission, which in the past were positive by the Brazilian legal system. The article talks about the history of Brazil and demonstrates the need to preserve public policies, affirmative actions and human rights for the black Brazilian population and quilombolas. The research aims to show how anti-racist education and the criminalization of discriminatory practices can contribute to the evolution of society, especially when we talk about racial and political issues. With the objective of trying to understand the questions about racial democracy, prejudice and recognition in Brazil, the research sought to observe the Brazilian legal system and the legislation that began to integrate and criminalize racist practices that aim to violate the rights and guarantees of black people. An analysis was also made of the historical evolution and search for human rights and global justice.

2. ABSTRACT, OBJETIVE AND THE RESEARCH
• This article was developed in the international exchange program at the
University of California/USA – Global Classroom (Race, Crime and Justice) in
which I am part and aims to talk about the historical evolution of Brazilian
racial democracy, from the period of slavery to the where today, we have a
new Citizen Constitution that received constitutional rights and guarantees
that value and respect Afro culture and created laws criminalizing racism and
admission, which in the past were positive by the Brazilian legal system.
• The article talks about the history of Brazil and demonstrates the need to
preserve public policies, affirmative actions and human rights for the black
Brazilian population and quilombolas. The research aims to show how anti-
racist education and the criminalization of discriminatory practices can
contribute to the evolution of society, especially when we talk about racial
and political issues.

3. ABSTRACT, OBJETIVE AND THE RESEARCH
• With the objective of trying to understand the questions about racial democracy,
prejudice and recognition in Brazil, the research sought to observe the Brazilian
legal system and the legislation that began to integrate and criminalize racist
practices that aim to violate the rights and guarantees of black people. An
analysis was also made of the historical evolution and search for human rights
and global justice.
• Discrimination "is the name given to conduct (action or omission) that violates
people's rights based on unjustified and unfair criteria, such as: race, sex, age,
religious option and others". Racism, on the other hand, is a non-bailable and
imprescriptible crime, according to Article 5, XLII of the 1988 Constitution of the
Federative Republic of Brazil. It is implicit in comments about skin color and hair
type, fear of passing a black man, changing sidewalk just because she saw a dark-
skinned man and, in gender stereotypes (hypersexualization of black bodies).

4. ABOLITION OF SLAVERY AND POST-SLAVERY
• Brazil lived approximately four centuries of slavery based
on racialist theories that preached segregationism and
racial discrimination against black people, where such
atrocity was part of the construction of its national identity.
• However, after the Abolition of Slavery – Liberation of
Enslaved Persons –, the State failed to integrate the black
population by providing material and political conditions
for their participation in a free society, which guaranteed
the survival and repositioning of the slave mentality and
practices. in the current structures of the Republic.

5. ABOLITION OF SLAVERY AND POST-SLAVERY
• On May 13, 1888, by the ”Lei Áurea”, signed by Princess Isabel, the
enslaved were freed and there was a great uproar in Brazilian society,
since such a measure was against the interests of a large part of the
Brazilian elite, especially the large landowners. who used slave labor
to produce coffee, sugar cane and others.
• This dissatisfaction with the freedom of black people was reflected in
social behavior and consequently the enslaved black people were
segregated in every way by society.
• Zumbi dos Palmares was one of the great black leaders of resistance
to slavery, he helped, in this context, the quilombos, blacks who fled
from slavery, protected each other.

6. THE FEDERAL CONSTITUTION OF 1988 AND HUMAN RIGHTS IN BRAZIL
• The emergence of Human Rights took place in 1948, with the
Universal Declaration of Human Rights at the General Assembly
of the United Nations (UN). Created after World War II, as a
response to the horrors committed against humanity in that
period. THE DECLARATION WAS RECEIVED BY BRAZIL.
• In Brazil, racism is considered a non-bailable and
imprescriptible crime, as well as the crime of Racial Injury.
According to LAW No. 7716, OF JANUARY 5, 1989, which defines
crimes resulting from racial or color prejudice. The purpose of
the norm is to preserve the fundamental objectives described in
the Federal Constitution of 1988, more specifically to promote the
good of all, without prejudice of origin, race, sex, color, creed, age
and any other existing forms and types of discrimination.

7. THE FEDERAL CONSTITUTION OF 1988 AND HUMAN RIGHTS IN BRAZIL
• The crime of racial injury is typified in the chapter 'On Crimes Against Honor', provided for in §3
of art. 140 of the Penal Code, which provides for a qualified form for the crime, in which the
penalty is greater and since January 2023, based on a legislative amendment, the crime of racial
injury has been equated with that of racism. We have some affirmative action legislation that
allows the inclusion of blacks and Quilombolas in universities, it is not a big thing, but a huge
step.
• Regarding the differentiation of racial crimes, I can say that, while racial injury consists of
offending someone's honor using elements referring to race, color, ethnicity, religion or origin,
the crime of racism affects an indeterminate collectivity of individuals, discriminating against
the entirety of a race. Previously, the crime of racial injury was prescriptive and bailable, but not
today, it was equated to the crime of racism and became non-bailable and imprescriptible.

8. FINAL CONSIDERATION
• The Inter-American Convention against Racism, Racial Discrimination and
Related Forms of Intolerance, was ratified by the Federative Republic of
Brazil, in Guatemala, in 2013. Being equated and accepted as a Constitutional
Amendmentin the Brazilian legalsystem, in January 2022.
• In 2003, Law nº 10.639 modified the Basic Education Guidelines Law to
introduce the compulsory teaching of Afro-Brazilian and African history and
culture in primary schools, which was added to by Law nº 11.645, of March 10,
2008, in the which makes the study of indigenous and Afro-Brazilian history
and culture mandatory in primary and secondary educationestablishments.
• Therefore, it is important to emphasize that, in addition to enacting
legislation, norms and anti-racism education, its effectiveness and
applicability must also be discussed and improved in all areas and spaces
of debate and promotion of the critical thinking of citizens.

9. THANKS A LOT!
WAGNERMUNIZK@GMAIL.COM
INSTAGRAM: @WAGNER_MUNIZ