MercoPress. South Atlantic News Agency

Brazilian court rules no such thing as “reverse racism” against white people

The theory of “reverse racism” does not pertain to Brazilian law, which seeks to protect the black minority from the oppressing white majority, the STJ ruled

The Sixth Circuit (Turma) of the Superior Court of Justice (STJ) found Tuesday that racial discrimination applies criminally only to whites acting against blacks but not vice versa, Agencia Brasil reported. The ruling thus discarded the so-called “reverse racism” theory invoked in the “European white-headed slaver” case in the State of Alagoas that reached Brasilia for clarification.

The panel of the STJ -not to be mistaken for the higher Supreme Federal Court (STF)- unanimously understood that racial insult does not apply when offenses are directed at white people because of their skin color. In such cases, the crime of simple insult should be applied, as provided for by Law 7.716/1989, which defines the crimes of race or color preconception to protect historically discriminated minority groups.

“The concept of reverse racism is rejected, because racism is a structural phenomenon that historically affects minority groups, not applying to majority groups in positions of power,” the STJ ruled.

Right behinds the STF are four federal courts, including the STJ and the also famous Superior Electoral Court (TSE), the other two being the Superior Labor Court (TST), and the Superior Military Court (STM). Some judges can hold benches on more than one court.

The STJ is the highest Brazilian court for non-constitutional issues concerning both State and Federal ordinary courts, dealing mainly with matters of Common Justice. Its responsibility is to standardize the interpretation of federal law nationwide.

It is made up of 33 judges who are subdivided into various and probably more than one of the panels. For example, the Special Court is composed of the 15 most senior ministers of the Tribunal and judges criminal actions against governors and other authorities, among other duties.

Then there are Sections -10 judges- of which specialized Turmas -5 judges- are another subdivision handling appeals of a non-repetitive nature.