FAVELA NOVA BRASILIA VS. BRAZIL AND THE STRUCTURAL DISCRIMINATION OF RACE AND GENDER

Authors

• Bárbara Santiago de Lima
• Mônia Clarissa Hennig Leal

Abstract

In Brazil's favelas, a large part of the population is in a vulnerable situation, and structural discrimination is most evident there. Given this scenario, we seek to answer the following question: does the ruling in the Favela Nova Brasília vs. Brazil case by the InterAmerican Court of Human Rights expressly formulate a concept of structural discrimination? This study uses the deductive approach method, the analytical procedure method and the bibliographical and jurisprudential research technique. The first chapter analyzes structural discrimination, mainly in relation to race and gender, in Brazilian favelas, and the second chapter examines the Court's ruling in the case of Favela Nova Brasília vs. Brazil. Finally, it concludes that although the Court does not formulate a concept of structural discrimination in its decision, it makes it clear that discrimination is part of the Brazilian social structure, with historical roots.