Racismo estrutural e a herança jurídica da escravidão no Brasil: um estudo sobre a reprodução das desigualdades sociais

Abstract

This monograph aims to understand and analyze structural racism in Brazil from the perspective of its legal legacy and the reproduction of social inequalities. The research investigates how the transition from slavery to the republican regime did not result in full integration, but rather in the replacement of the private control of the master with the punitive control of the State.Concepts of necropolitics and social control are addressed to demonstrate how the legal system operates selectively against Black and marginalized bodies. The post-abolition "legal vacuum", evidenced by legislation such as the Land Law of 1850 and the Penal Code of 1890, which criminalized cultural manifestations and the very existence of the Black population, is also examined, Furthermore, an analysis of the Universal Declaration of Human Rights is carried out on a specific topic. It concludes that the formal equality foreseen in the 1988 Federal Constitution is insufficient without the implementation of affirmative action and historical reparation policies aimed at material equality.