Which the difference between Racism and Injury Racial?

Racism and racial abuse are extremely relevant and current topics. Let's briefly understand the legal differences between these two terms.

THE Racial Insult is provided for in art. 140 of the Penal Code and consists of offending someone's dignity using elements of color, ethnicity, religion, origin or condition of elderly or disabled person.  

In other words, insults directed at a person based on attributes such as skin color constitute racial abuse. This carries a penalty of one to three years in prison and a fine. 

On August 24, 2014, during a soccer match, Santos goalkeeper Mario Lúcio, professionally known as Aranha, was insulted by several Grêmio fans as a “monkey.” Four fans were identified and indicted for the crime of Racial Injury, and Grêmio was eliminated from the competition by the STJD (Superior Court of Sports Justice). 

Racism, which is provided for in art. 20 of Law No. 7,716/1989, refers to discriminatory conduct directed at a collective, a social group, based on color or ethnicity.  

Racism is broader, denying someone entry to an establishment because of their skin color, refusing to sell a certain product, or denying them employment or admission to a certain school because of their skin color. The penalty ranges from one to five years in prison, and it is non-bailable and imprescriptible. 

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Victor Habib Lantyer
lantyer.com.br

Lawyer, professor, author, and researcher specializing in Digital Law, AI, Intellectual Property, and the LGPD. He is the author of the book "LGPD and Its Impact on Labor Law" and "Digital Law and Innovation" and has over seven legal works. He is a member of the Permanent Technology and Innovation Committee of the Brazilian Bar Association (OAB/BA), coordinator of the Artificial Intelligence coordination team, and a member of the LGPD and Metaverse coordination teams. He is a member of the National Association of Digital Law Attorneys. He is the creator and creator of the Lantyer Educacional website (www.lantyer.com.br), which simplifies legal matters in a simple, easy, and democratic way.

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