Por um direito antirracista: pressupostos teóricos, conceituais e principiológicos

Abstract

This paper discusses racism(s) in its most varied forms, and the possibilities of antiracism(s) with the aim of analyzing theoretical and principled possibilities for the construction of an autonomous theoretical field called Anti-racist Law. It starts from the assumption of the existence of racism, not only in its individual perspective, but, above all, structural and, therefore, structuring, in the sense that it guides, regulates society, the State and even the Law itself. Structural Racism has been recognized by the Brazilian State, mainly after the 2000s. This statement can be evidenced mainly from the positions of the Federal Supreme Court and even the Superior Electoral Court, and regulations, such as Ordinance No. July 2020, of the National Council of Justice (CNJ), which in its ―Recitals‖ states ―the need to promote reflections on the confrontation of structural racism that is also manifested in the country in the justice system‖, as well as the Act of President of the Chamber of Deputies of December 17, 2020, who established ―Commission of Jurists to evaluate and propose normative strategies with a view to improving legislation to combat structural and institutional racism in the country‖ among many other manifestations. There is an indisputable change (at least in terms of discourse) where the State abandons the discursive position (of Myth) of Racial Democracy to embrace (at least formally) the existence of Structural Racism. Faced with such a reality, the problem that arises is the following: would there be a possibility of the existence of an autonomous field of law that provides technical possibilities for anti-racist legal responses? Based on this concern, the present dissertation intends to investigate whether there is a theoretical and principled basis that supports the possibility of creating a specific theoretical field for Law, Anti-racist Law. The method used will be the bibliographic review of the concept(s) of racism(s) to understand the possibilities of anti-racism(s) and, in particular, of a legal anti-racism. The necessity-possibility of this specific field was based on the concepts of the sociology of absences, the sociology of emergences and the work of translation (both in Boaventura de Souza Santos). In this sense, AntiRacist Law would be absent, due to the suffocation of metonymic reason and white legal normativity. But it could also be an emergency as a theoretical-procedural need to overcome the discourse of recognition of racism and present effective legal tools to face this reality. In addition, it could take on the work of translation in the sense of overcoming the application of the law in a racist way and the possibility of consolidating anti-racist application by and in the Law, among many other possibilities. The concepts of Critical Theory of Race and Anti-Discrimination Law (or Anti-Discrimination Law) are indispensable theses and used to investigate the possibility of a countersystem to racism in Law, a legal anti-racism, or even an Antiracist Law.