THE STRUCTURAL DISCRIMINATION OF BLACK PEOPLE AND THE COUNTERMAJORITY ROLE OF THE STF: A CRITICAL ANALYSIS OF THE DECISION MADE IN HC 208.240

Authors

• Faena Gall Gófas Meneghetti
• Camila Lopes Martins

Abstract

Despite social advancements and legal guarantees towards equality, structural racial discrimination persists, where black individuals face barriers to the full exercise of their rights. In this regard, the judiciary's actions against discrimination and their effectiveness are questioned when analyzing the decision of Habeas Corpus No. 208,240. The article is grounded in the deductive method, based on bibliographic research, through analytical procedures. It is concluded that the Supreme Federal Court plays a crucial role in defending against racial discrimination, exercising a counter-majoritarian role in confronting structural racism, as demonstrated in the decision rendered in Habeas Corpus 208,240, which incorporates the perspective of historically suffered structural discrimination by black individuals by establishing that police profiling based on skin color is illegal.