Racial discrimination and criminal justice in São Paulo

This chapter is based on research to identify, characterize and explain the causes of differential access for Blacks and Whites to the criminal justice system in Brazil. We have analyzed the achieved distribution of judicial sentences for identical crimes committed by members of both groups. We began with the hypothesis that criminal justice is more severe for Black criminals than for Whites. This hypothesis points out unequal rights which in turn compromise the functioning and consolidation of democracy in Brazil. My universe for empirical research covered violent crimes committed in the Municipality of São Paulo during 1990. The results allowed me to characterize criminal occurrences, aggressors and victims`s profiles, and the results of legal cases for both observed groups. My conclusions indicate that: (1) Black suspects tend to be more subjected to arbitrary action by the police, (2) Blacks seem to have more difficulty in gaining access to legal aid and (3) Blacks are convicted more frequently than Whites.