ON THE JURISPRUDENCE OF WORKPLACE DISCRIMINATION

  • Seth Racusen Anna Maria College

Resumo

Brazilian anti-discrimination law has further complicated litigation against racial discrimination.  During the thirty years under the antidiscrimination law of 1989 (7.716/89), racial discrimination complaints have been overwhelmingly treated as injúria, an injury to the honor of the complaining party and not racism, and after 1997 as injuria qualificada, a personal injury to the race of the individual.  Under Brazilian legal classifications, injúria is a lesser charge than racism with lesser penalties that must be prosecuted by the individual and not the state.  The designation of an allegation as injúria effectively curbed or denied a plaintiff’s ability to contest discriminatory treatment in the 1990’s.  The unevenness and unwillingness of the Brazilian judiciary to apply the anti-discrimination law has been clearly documented.  The judiciary tends to decontextualize allegations by evaluating them without recognition of the repercussions and social contexts of the alleged behavior.

Biografia do Autor

Seth Racusen, Anna Maria College

Associate Professor of Political Science and Criminal Justice,

Anna Maria College

Publicado
2019-09-30
Seção
Doutrina Estrangeira