Violência contra grupos vulnerabilizados: análise da marginalização social da pessoa negra na perspectiva dos direitos humanos pós Constituição Federal de 1988

Abstract

This article intends to address dimensions and actions for and beyond human rights in the light of a social aspect in the Brazilian’s reality in a contemporary context, which has the constant habit of associating them as rights that are based on the defense of common criminals. They are often part of popular classes and in situations of vulnerability and social exclusion. The State should not only be inert, since it has the power-duty to ensure the non-violation of individual and collective rights, present in the Federal Constitution (1988) and the Universal Declaration of Human Rights (1948), in the Brazilian case signatory. Despite being paradoxical (Kurz, 2003) and self-evident (Hunt, 2009), human rights go beyond the controversy of being the rights of “bandits” only (Soares, 2003). They are inscribed in pacts, consensuses and plans of action, tinted as inherent in the condition and dignity of the human person and, therefore, have a universal, inalienable and indivisible character. They can be understood and respected as such, being the basis for any creation of norms that directly or indirectly influence the very condition of being human within the social aspect to which the human person is inserted. Taking as a starting point the Critical Theory and the ideas of justice, democracy and ethics (Davis, 1979 and 2004; Estevão, 2011 and 2013; Santos & Chauí, 2014 ), the outlined methodological approach occupies the qualitative sphere, using use of official primary documentation and international and national legal character, as well as guided by literature review of reference works on the subject. The central categories raised and revised are based on the analysis of the international and national legal system, the principles of human rights and the inclusion of vulnerable groups as holders of rights after the 1988 Federal Constitution. The intersectional bias is highlighted here. critic about structural racism, incarceration, vulnerability, overlapping violence and non-accessibility to justice and citizenship.