Recreational racism, freedom of expression and fraternity

some approaches

Abstract

https://doi.org/10.1590/2179-8966/2024/75012

Humor is a fundamental part of human interaction and capable of producing social and psychological benefits and harm. Comical reproduces the racial prejudice existing in society and is a powerful instrument through which ideas, opinions and information can be expressed and disseminated disguised in a joking tone, so that joking speech began to be used to bring blacks back to a condition of inferiority and submission. This is what is called recreational racism. For this reason, this scientific article aims to analyze, based on a deductive, bibliographical and legislative research, whether jokes and jokes based on negative racial stereotypes are protected by the human and fundamental right to freedom of expression, whether the legal principle -constitutional fraternity, in addition to limiting the exercise of freedom of expression, imposes a fraternal judicial practice by Brazilian magistrates in order to prevent specifically recreational racism. Concluding, in the end, that fraternity, as a legal-constitutional category, removes racist humor from the scope of protection of freedom of expression and obliges members of the Brazilian Judiciary to carry out a fraternal judicial practice.

Keywords: Humor; Recreational racism; Freedom of expression; Fraternity; Fraternal judicial practice.