The persistence of the “criminal doctrine of the special purpose of racial offense”

Abstract

This article analyzes the process of criminalizing racism in the Brazilian criminal justice system, highlighting how certain legal-dogmatic formulas contribute to the impunity of offenders. Using the "criminal doctrine of the special purpose of racial offense" as a methodological focus, the study explores how this and other power mechanisms hinder the struggle against racism. The bibliographic and exploratory research connects the past to the present, presenting cases of racism and racial insult that illustrate the challenges of applying anti-racist criminal legislation. The article revisits the helplessness and social control suffered by the black population after abolition in the 19th century and the inclusion of racial offenses as minor offenses under the Afonso Arinos Law in the 20th century. This historical analysis contextualizes the law's limited effectiveness and the emergence of the criminal doctrine of the special purpose of racial offense. The text also addresses the criminalization of racism in the 1988 Constitution Law Nº 7.716 of 1989 (Caó Law) and the subsequent legislative innovations, including the Law Nº 14.532 of 2024. Finally, based on case studies from the Federal District Court of Justice, the persistence of this criminal doctrine and its bad impact on the treatment of racism are investigated.