This article shows, through discursive analysis, the main arguments that lead the TJSP decisions (not) to criminalize as racism conducts that are offensive to black people. In order to recognize crime of racism, the strategy of legal discourse is to disconnect the individual honour from the collective one, and condemn those who insult the black race as a whole, and not just a black person. Besides this strategy, the coherence of the probative concreteness of curses and the intention of offenders are pointed as essential to the characterization of the crime of racism.
discourse analysis; racism crimes; TJSP
