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Chapter 5. Racist speech as a linguistic discriminatory practice in Brazil

Between the speech act’s reference and effects

Abstract

Brazilian law establishes a difference between the aggravated verbal injury, which is a type of insult that makes use of words or phrases pertaining to race, color, ethnicity, religion, origin or to the condition of the elderly or disabled person, and the crime of prejudice or discrimination, which consists in practicing, inducing or inciting discrimination or prejudice based on race, color, ethnicity, religion or national origin. In this paper I intend to investigate the linguistic criteria used by the judicial system to distinguish the two crimes. Based on a survey of data on legal cases of verbal injury and on interviews with two black Brazilian activists, I also intend to demonstrate the limitation of these criteria.

Abstract

Brazilian law establishes a difference between the aggravated verbal injury, which is a type of insult that makes use of words or phrases pertaining to race, color, ethnicity, religion, origin or to the condition of the elderly or disabled person, and the crime of prejudice or discrimination, which consists in practicing, inducing or inciting discrimination or prejudice based on race, color, ethnicity, religion or national origin. In this paper I intend to investigate the linguistic criteria used by the judicial system to distinguish the two crimes. Based on a survey of data on legal cases of verbal injury and on interviews with two black Brazilian activists, I also intend to demonstrate the limitation of these criteria.

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