O racismo religioso frente a garantia constitucional da liberdade religiosa: uma breve análise legislativa e jurisprudencial

Abstract

The present study deals with the phenomenon of religious racism in Brazil. In the first chapter, the historical roots that determined religious racism are analyzed, as well as the formation of Afro-Brazilian religions: Umbanda and Candomblé. Subsequently, data from recent research are presented, which point to the increase in violence against practitioners of African-based religions in the country and cases that have had repercussions in the national media, in order to exemplify how these aggressions occur. In the third chapter, first, it is demonstrated how legality was used as a form of oppression, based on the institution of the Republican Penal Code of 1890, and later, it discusses the two legislative innovations of the year 2023 that deal with the theme: Law No. 14,519 and Law No. 14,532. The first instituted March 21 as the National Day of Traditions of African Matrix Roots and Candomblé Nations, while the second, equated the crime of racial slur to the crime of racism, typifying the crime of religious racism. In the last chapter, two jurisprudences that were judged favorable to Afro-Brazilian religions are analyzed. Thus, it sought to identify the role of the media, education, and the Legislative and Judicial branches for the realization of the constitutional guarantees of freedom of belief and secularism in the country, from the perspective of state protection and the necessary visibility to Afro-Brazilian religions, considering that these constitute an important cultural and identity element of Brazilian society. The research method used was the deductive one, since it sought general conclusions on the subject. As for the procedure method, the historical one was used, since it studied data, cases and consequences of religious racism through documented facts. For this, the following research techniques were used: bibliographic and documentary review, through consultation of specialized literature, relevant legislation, documents and jurisprudence.