Injúria qualificada por religião e intolerância contra religiões de matriz africana: a urgência da ação penal pública incondicionada

Abstract

Religious intolerance constitutes a serious violation of fundamental rights, especially the dignity of the human person and freedom of belief, taking on even more complex contours when associated with the structural religious racism present in the Brazilian society. Despite the constitutional enshrinement of religious freedom and the existence of criminal and civil instruments aimed at the repression of discriminatory conduct, the persistence of offensive, symbolic and materials practices is observed , directed mainly to religions of African origin. In this context, the present work aims to analyze the aggravated injury by religion in the Brazilian legal system, highlighting the role of the State through criminal law, public policies and, especially, the Public Prosecutor's Office in confronting these violations. The research adopts a qualitative methodology, of bibliographic and documentary character with an analysis of current legislation, specialised doctrine and official data, seeking to understand the limits and potential of the state's response. It is concluded that effectively combating religious intolerance requires integrated action between criminal prosecution, educational and institutional public policies, as well as the strengthening of mechanisms to protect victims, in order to promote a culture of respect for religious diversity and material equality.