Minister of the STF states that “rights are conquered” and that it depends on society to enforce the Constitution to overcome discrimination
The president of the (Superior Electoral Court) and minister of the (Supreme Federal Court), Cármen Lúcia, said this Wednesday (13.Nov.2024) that the culture of prejudice in Brazil will not change “neither by decree nor by Constitution”. He highlighted the role of society in getting rid of its stigma of “prejudiced, racist, sexist and misogynistic” in a lecture on racism at the headquarters of the (Union Public Ministry).
“There is a culture of prejudice in Brazil and this cannot be changed either by decree or by Constitution. The difference I always make is that constitutional law is the law of possible dreams. It depends on us. If we fully enforce the Constitution – because rights are not earned, rights are conquered, and are conquered every day – we can build a great democracy and make article 1 of the Brazilian constitution fully complied with”he stated.
Article 1 of the 1988 Constitution highlights the dignity of the human person as one of the 5 fundamental pillars of democracy. Prejudice, according to Cármen, hurts the dignity of the human person, which is “the most important principle”.
“The principle of equality is the most repeated principle in the Brazilian Constitution. I do not consider it the strongest principle of contemporary Brazilian constitutionalism, because I think it is the principle of human dignity, but it is the principle that has been repeated most in the 1988 constitution, because the biggest problem we have is inequality”these.
He added that everyone has the right to be equal in humanity and unique in identity. That’s why I said that does not fight so much for the equality set out in the Constitution, but for “equalization”which would be permanent action to promote equality.
“Equality has nothing to do with skin, whether white, black or yellow; It doesn’t even have to do with the structure of the skin, nor the most beautiful one; It has to do with humanity.”he stated.
Speaking on the topic “Racism as a socio-structural phenomenon and systemic social pathology”, the minister highlighted the importance of addressing ways of overcoming racism in the country.
“We have no doubt about the importance, the need to discuss the causes that lead to a Brazil with so much prejudice and discrimination, but as I approach my 100th birthday, an almost centenarian woman, what I try to know is what to do to overcome difficulties in a country that has so many wounds caused by inequality”these.
He added that talking about the issue is a way to overcome it and said that “Democracy happens every day. Like life, those who love it don’t give up.”.
MACHISMO
Cármen spoke largely about discrimination in her condition as a woman, when dealing with “prejudices” at the seminar on racism. For the minister, inequality covers not only the black population, but women, people who have a disability and also covers religion.
“Any one of us who has experienced an issue of prejudice, and we women can talk about the professorship, certainly a good number of black people too. I say part because, for a woman, the condition of being a woman is what leads to prejudice, which leads to the look, it should be no different with any manifestation of prejudice”he declared.
He said that everyone who has traits that lead to prejudice – be they women, black people, religious people, indigenous people or people with disabilities – still suffer attempts to be enslaved by the “who enslaved us”.
“(…) those who were unequal, we women, we black people, we of another religion, we indigenous people, all of us who have any trait that leads to this prejudice, which is another form of prejudice from those who enslaved us, who try to enslave us. Just look at this social disease that we have with a woman murdered every 6 hours in Brazil”, he stated.
According to Cármen, a woman is physically, sexually, intellectually, politically and socially raped every 6 minutes in Brazil. “This is a social disease, a social wound from a very sick society that, when it comes to this, whoever enslaves us or tries to enslave us is a slave to a vile thought”these.
This report was written by journalism intern Bruna Aragão under the supervision of assistant editor Katarina Moraes.
