Análise Jurisprudencial do Artigo 20-C da Lei 7716/89: avanços e desafios na efetivação do combate ao racismo institucional e na internet

Abstract

The study addresses the impact of the inclusion of article 20-C in Law 7716/89 in the fight against racism in the digital environment, considering the scenario of contemporary society, where the use of the internet favors the propagation of hate speech, including racism. The main objective is to analyze how this legislative update influences the effectiveness of judicial measures aimed at combating structural and institutional racism in Brazil. The methodology used includes a review of the specialized literature and an analysis of jurisprudence, allowing to examine both the theories and the practical application of the new standard. The results point to the importance of the insertion of this legal provision in the Brazilian context, highlighting it as a significant advance in the adaptation of criminal regulations to the new technological realities. However, challenges related to the effective application of the law in the digital environment are evident, given the complexity of this space and the obstacles in tracking and punishing those responsible for the dissemination of racist content. In short, Article 20-C contributes to the fight against racism, but there is still room for improvement in legal and institutional practices to ensure effective protection of racial minorities.