The Superior Court of Justice (STJ) of Brazil considered that offending a white person because of the color of his skin is not racial injury.
According to a unanimous judgment of the members of the Sixth Section of the third Court of the Superior Court of Justice (STJ) of Brazil, Racial injury only occurs when the offense is directed to black people.
This decision, which opens a precedent for similar processes, is justified by the fact that not being a “historically discriminated group”.
The decision comes in the appeal of a black man who was accused of racial injury to have written in a message to an Italian, married to his aunt, who had the “White, European and slave head”.
The case occurred in the state of Alagoas (Northeast) in 2023 and was considered by the prosecutor himself as racial injury.
The third instance judges concluded that the Racial Injury does not apply to white people offended because of skin colorbut that the offense can be considered and punished as another type of offense provided for in the Penal Code, including simple injury.
“The concept of reverse racism is rejectedFor racism is a structural phenomenon that historically affects minority groups, not applying majority groups in power positions, ”said the STJ, quoted by.
According to the judges, the lei of 1989 which criminalizes breeding infractions of race or color aimed to protect historically discriminated groups.
“It is not possible to believe that the white Brazilian population can be considered as minority. Therefore, there is no way of the situation narrated in the file corresponds to the crime of racial injury, ”said the rapporteur And Fernandes.
“Racial injury, characterized by the element of discrimination under examination, is not configured in the case under consideration, without prejudice to the analysis of eventual offense to honor, provided that under adequate typification,” concluded the rapporteur, rejecting the “concept of reverse racism” .
