The Construction of Jurisprudence on Racism in the Supreme Federal Court

Reflections from the Field of Law and Racial Relations on the Ellwanger Case (HC 82.424/RS)

Abstract

https://doi.org/10.1590/2179-8966/2026/90602

The article analyzes the judgment of the Ellwanger case by the Supreme Federal Court, which addressed a criminal conviction for literary publications offensive to Jews, defining anti-Semitism as an imprescriptible crime of racism. It examines the majority and minority positions adopted by the Justices, comparing concepts and arguments on race, racism, discrimination, and prejudice, assessing their application to the Black population from the perspective of Law and Racial Relations. The study concludes that the ruling reflected the social and political context of the time, especially in light of the imminent debate on affirmative action for Black individuals, generating both practical and symbolic impacts. However, it points out that the judgment adopted a more abstract and conceptual approach to racism, rather than a concrete analysis of the discrimination faced by the Black population. While reaffirming the Supreme Court's commitment to human rights, the case highlighted tensions regarding the effectiveness of criminal norms, emphasizing the need for more concrete and effective advances in combating racism in Brazil.