O direito penal e constitucional como forma de combater crimes de discriminação ou preconceito de raça, cor, etnia, religião, procedência, gênero e opção sexual.

Abstract

This research deals with the treatment given by the Brazilian legal system, focusing on the penal and constitutional, for discriminatory practices and prejudice based on race, color, ethnicity, religion, origin, gender and sexual choice. The subject is relevant because it´s a reality faced by society, due to the cultural diversity existing in the country. Given this circumstance, this research answers: what is the legal protection established by Brazilian law, in the penal and constitutional context, for crimes of discrimination or prejudice of race, color, ethnicity, religion, gender, sexual choice and origin, and if this protection is sufficient to prevent the commission of these crimes in Brazil. The beginning of the research deals with the history of discrimination in Brazil and analysis of some aspects worldwide, to understand from what moment the law is concerned with the issues of discrimination and prejudice, treating as a guarantee of human rights. It was also object of study of this work the principles of equality and dignity of the human person, provided for in the Federal Constitution, and relation to the fight against discrimination, racism and prejudice present in society. In addition, criminal law and special legislation on the subject were also analyzed, along with contemporary society debates, such as gender discrimination and sexual orientation.