Debunking the myth of “reverse racism"

The Public Defender's Office of the Union (DPU) of Brazil has issued a Technical Note on the legal impossibility of adopting the thesis of “reverse racism”. This concept, frequently used by people who claim discrimination because they are white, is legally unsustainable and has no support in Brazilian law. The Technical Note from the DPU clarifies the foundations of this position by addressing the legislation, case law, and sociocultural aspects involved.

The concept of “reverse racism” has generated debates and controversies in many social spheres, especially when in January of this year, the Public Prosecutor's Office of Alagoas charged a black man with racial abuse against an Italian man, who said he felt offended because of his European condition. Thus, the Technical Note aims to legally unmask the myth of “reverse racism,” through analyses of the historical roots of racism, the legal definitions and the implications for addressing structural inequalities.

“Reverse racism” does not exist

“Reverse racism” does not exist in a legal context, as racism is historically rooted in systemic power dynamics. Throughout history, racism has been intrinsically linked to power structures where marginalized groups have been subjected to discrimination and oppression. The essence of racism involves prejudice and discrimination against people who historically hold less power.

It is important to note that legal frameworks also emphasize the impact of institutional power structures on perpetuating racial inequalities. Therefore, the notion of “reverse racism,” which suggests discrimination against white people–that is, those in the majority in power–does not align with the historical and legal understanding of racism as a tool of structural/systemic oppression.

Allegations of “reverse racism” often stem from a misunderstanding of discrimination, particularly when equating some offense against majority groups with structural racism. Therefore, it is necessary to differentiate between individual acts of prejudice and institutionalized oppression based on historical power imbalances. Potential offenses against majority groups do not carry the same weight as structural racism, which is deeply embedded in social structures and perpetuates systemic inequality. Thus, legal analysis focuses on addressing discrimination in the context of historical power dynamics in order to rectify structural injustices.

History and legal basis

The concept of racism in Brazil is intrinsically linked to the history of racial discrimination against the black and indigenous populations. From the enslavement of black people to the present day, racist policies and practices perpetuate the structural inequalities that profoundly affect the black population. In Article 5 of the 1988 Federal Constitution, item XLII defines racism as an unbailable and imprescriptible crime subject to imprisonment, reaffirming the Brazilian State's commitment to combating racial discrimination.

The Technical Note from the DPU emphasizes that Brazilian legislation is geared towards protecting historically marginalized and vulnerable groups. Thus, affirmative action policies such as racial quotas in universities and public examinations are examples of palliative measures adopted within the process of democratizing opportunities. In this context, the concept of “reverse racism” does not apply because it ignores the historical and structural imbalance of racial relations in the country. Furthermore, the construction of the concept of racism is directly linked to the lack of power and historical privileges of certain social groups, which is not the case for white people who have historically held positions of power and privilege.

Brazilian case law also reflects the legal impossibility of adopting the thesis of “reverse racism”. Many rulings by the Brazilian Supreme Court (STF) and other higher courts have reaffirmed the need for affirmative action policies and the lack of a legal basis for allegations of racism against white people. The Technical Note from the DPU cites examples of court decisions that reinforce the interpretation that racism in Brazil must be understood considering historical and structural inequalities. Therefore, allegations of “reverse racism” lack legal and factual bases, as they do not consider the context of oppression and marginalization that characterizes structural racism.

Structural Racism and Affirmative Action

The concept of “reverse racism” can undermine efforts to address structural racism by diverting attention from real racial inequality. Focusing on the allegations of “reverse racism” diminishes the urgent need to dismantle structural injustices and rectify historical imbalances. Furthermore, perpetuating the myth of “reverse racism” can reinforce stereotypes that are detrimental to the goal of achieving racial equality.

Structural racism manifests itself in institutions and social relations, perpetuating the exclusion and marginalization of black people. Adopting the thesis of “reverse racism” runs counter to these principles, as it suggests a false equivalence between the possible occurrence of prejudice against white people and the historical oppression faced by black people.

In this sense, affirmative action is an essential tool for promoting equality and redressing historical injustice. While recognizing the need for specific policies to combat racism, the DPU reaffirms that Brazilian legislation does not contemplate the concept of “reverse racism.” The Note also emphasizes that affirmative actions are supported by constitutional principles that aim to ensure equality, palliatively correct historical distortions, and promote the social inclusion of vulnerable groups.

The DPU Technical Note serves as an important guide for the correct interpretation of anti-racist legislation and the effective implementation of public policies that aim at inclusion and racial equality. The defense of human dignity and social justice requires an ongoing commitment to the fight against racism in all its forms, reaffirming that the concept of “reverse racism” has no place in the Brazilian legal system.

See the DPU technical note HERE.