Abstract

DA SILVA VERNES-PINTO, Rodrigo. Ethnic-Racial Identity and Intersectionality: an Anti-Discrimination Right under a Decolonizing Perspective. Opin. jurid. [online]. 2020, vol.19, n.39, pp.187-202. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n39a8.

This article has as its main objective to help in the understanding of the ethnic-racial identity concerning the discrimination contexts (multiple, intersectional and institutional) based on race and its implication for the law against discrimination. The approach for the discrimination problem is referred to a series of perceptions, given that the term race is derived from the constant struggle and controversy in the social relationships, political and legal frameworks in Latin-America. In fact, the right to non-discrimination from a decolonizing perspective is attentive to the principle of equality and tries to bring near the historical need of those subordinate and stigmatized, especially in front of the Latin pro-slavery heritage. The analysis of the identity problems is well suited for elucidating the complex discriminatory situations inserted in scenarios which structures reinforce the subordination of the Afro-descendants, this being a way of eliminating the restriction to rights. This study was aided by a qualitative methodology and a data collection through bibliographic review in books, scientific articles and websites to go deeper in the knowledge of the problem.

Keywords : ethnic-racial identity; de-coloniality; constitutionalism; Law for fighting discrimination; intersectionality.

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