Recognition, Redistribution and Popular Participation: Towards an Integrative Judicial Policy

Second day against institutional racism begins with speeches by civil society leaders

23 from March by 2018

The morning of the second day of the First National Day on Institutional Racism and the Justice System resumed the intense debates on race and law that characterized the previous day. see the pictures. At this stage, the Journey heard the reflections of experienced black leaders who lead or participate in important civil society organizations. Along with Lucia Xavier, who coordinated the space, spoke Attila Roque, executive director of the Ford Foundation in Brazil, Jurema Werneck, executive director of Amnesty International, and Humberto Adami, member lawyer of the Institute of Racial and Environmental Advocacy - IARA.

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Presiding Board: The Justice System and Race Relations in Brazil

As the first to mention, Attila made a point of emphasizing that racism deeply structures all social relations in Brazil, not just the relationship between whites and blacks; but between all relations.

“Racism is the matrix on which power and inequality were organized in Brazil. This is the starting point for talking about anything, including talking about the justice system. ”

In line with the many arguments made the previous morning, he agrees with the perception that Brazil also hides racism from its social reality, a “racism to the Brazilian”, as Ana Míria pointed out. The reference to the murder of Marielle could not fail to be made and the repetition of the tragedy that falls on black women fighting for justice is evident when recalling the case of the murder of Edméia da Silva Euzébio. The stories come together as Edméia was murdered almost exactly in the same place of Marielle's death, being that a prominent leadership of the "Mothers of Acari". Edmea was killed while playing the role of police investigating the Acari Slaughter. It is clear, therefore, that the justice system does not fulfill its role in advocating for and responding to these crimes, but it also provides space and cover for the extermination of women who choose to report wrongdoing on their own.

“The justice system has been complicit with the current racist order, in particular the Public, ”he criticized.

Finally, he considers that the present moment is one of the few crucial historical moments to define the future of one or two generations, when very sensitive choices then need to be made. For him, it is an opportunity to put human rights at the center of our actions and the black or almost black youth of the outskirts is the greatest power for that.

Lawyer Humberto Adami also began his address in greeting to Marielle Franco, when he shared with those present his sadness and the challenge of fighting longing and thinking about what to do in the next steps. It brought legal obstacles and lessons learned from its experiences in emblematic court cases against racism. Since then, he has punctuated a list of proposals to overcome these difficulties. It suggests that black women's organizations should constitute themselves as friends of the court (or procedural assistant to the plaintiff), even now in the investigation and prosecution and redress in Marielle's case. Bringing the Federal Supreme Court into cases of impact is also essential to maintain access to the debate about redress of black people in Brazil.

“How long will we be discussing quota? Given the weight and size of reparation for the slavery of the black people in Brazil, debating quota is very limited. It is precious to go beyond. ”

In this sense, there are a number of themes that fulfill this function and he cited a few: the effective teaching of African history in schools and the combating of punishment based on conviction in the second instance, which add to other successful initiatives. , such as the ADPF which judged the quotas on UnB and the ADC 41, which declared the constitutionality of the public service quota regime.

“What rights matter to women's movements? Concrete actions need to be taken on these agenda. ”

"There has to be a black woman in the Federal Supreme Court," he cried, pointing out the need to build this candidacy from now on.

It also proposed a joint effort to train lawyers to specifically act in moral and habeas corpus actions in the racial issue, in order to strongly support the cause.

Attila Roque (Ford Foundation) and Lucia Xavier (Creole)

Attila Roque (Ford Foundation) and Lucia Xavier (Creole)

Jurema Werneck opened her speech thanking the opportunity to be present, indicating that she followed the discussions of the previous day through the online broadcast of the event. According to her, diagnoses of racism in the justice system are already made, and they are accurate and consistent. She bases her intervention on the question: What do you see when you look at society through black women's eyes? And he answers: the lens of racism, also produced and reiterated by the justice system, even though there are counter-hegemonic mechanisms within it.

In analyzing legal practice, Jurema reminds legal operators of the role of law, which needs to be used wisely, as it is very skillfully used by our enemies.

"The law is that role we rub in the face of our enemies to step forward," said Jurema.

Like Attila, she traced the common elements between the killings of Marielle and Edmea in 1993. For her, the common struggle makes these murders have the same basis. Both women were the product of the favela struggle. Marielle died as a black woman and her death represents black women, just as her life represented.

“Nine days Marielle was murdered. The world screams for justice and the system goes silent. Any other crimes had already blamed a black man. Even the justice system has not manifested itself at all. It would be very strange to point to a black man now in this case. We are attentive!

He insisted that the flame of the fight must be kept alive and that we are seeing the power that Marielle brought with her. As proof of this, the world is echoing this death. It also evaluates that politics is being done in the most adverse conditions and in a more plural way than before, in the city and in the countryside. He recalls that if black women are where they are, it is because they have been doing politics for a long time. In this context, the law must be seen as a tool that politics has brought. And it is in the breach that the partners meet and move. After all, the older black woman and her ancestors lived conditions that cannot even be scaled. However, it was through politics that they resisted.

“It's only going to be bad when racism is over. That's why we fight him all the time and in the most adverse conditions. ”

After the debate with those present, the table gave way to the lunch, where followed the celebrations of the Day. The last day continued with the presentation, in the afternoon, of experiences and legal practices to confront racism, as well as artistic interventions and the exhibition of the winning works of the competition opened by the Day.

See the images of the event: click here.