RACISM AND PUBLIC CIVIL ACTION: ANALYSIS OF THE APPLICABILITY OF COLLECTIVE ACTION IN THE FIGHT AGAINST DISCRIMINATORY PRACTICES

Abstract

This article aims to analyze the possibility of using public civil action, the main action of the collective process, in the repression and combat of discriminatory practices in the face of blacks. Thus, the research begins by analyzing the concept of racism - a concept that can be used even if there are no races in the scientific conception, as it is a social and political issue - and its structuring in Brazilian society, going beyond the period slavery and being present to the present day. It is observed that, in this way, it was necessary to overcome the myth of “racial democracy”, where it was believed that there is no prejudice against blacks, in order, recognizing the problem, to create instruments to combat racism, highlighting the warrant of criminalization provided for in article 5 of the Federal Constitution of 1988. In the same sense, collective actions are analyzed in the second part of the article, which also
gained greater importance with the 1988 Federal Constitution, from which the microsystem was created. of the collective process. Noteworthy is the Public Civil Action, created even before the Federal Constitution of 1988, which due to its scope and characteristics can be used to combat racism. In this way, cases were observed in which the legitimates, filed Public Civil Actions to repress and curb racist practices, since it is observed that demonstrations with a discriminatory nature hurt the rights of an entire community, and can thus be object of the collective process.