JUÍZES FORA DO LUGAR DE FALA: UMA ANÁLISE CONSTITUCIONAL DE DECISÕES JUDICIAIS RACISTAS

Abstract

Brazil is a country in which the existence of racism is recognized, however, very few are those who declare themselves racist. On the other hand, there are white judges, who deny themselves racists, but feel comfortable talking about blackness and racism, reaching the apex of basing judicial sentences on biological determinism, an institute used in the scope of Anthropology and rejected by it. Two judicial decisions were highlighted: the one given in Paraná, in which the accused was considered to belong to the criminal group for being black, and the one given in Campinas, in which it was concluded that the white accused did not have the stereotype of a criminal. As worrying as these decisions is to verify that the National Council of Justice has never sanctioned any judge for racism, which leads to the conclusion that, probably, there is underreporting of racism in judicial decisions precisely because of the mistrust in the body which, according to art. 103-B, §4, III of the Federal Constitution has the competence to receive and hear complaints against organs of the Judiciary and to initiate ongoing disciplinary proceedings. It is essential to reflect and warn that the National Council of Justice cannot be a sham of protection, when, in fact, it may be acting according to Brazilian racism and acting contrary to what the current Constitution preaches: the fight against racism.