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dc.contributor.advisorJoshua Cohen.en_US
dc.contributor.authorRacusen, Sethen_US
dc.contributor.otherMassachusetts Institute of Technology. Dept. of Political Science.en_US
dc.date.accessioned2006-02-02T18:48:33Z
dc.date.available2006-02-02T18:48:33Z
dc.date.copyright2002en_US
dc.date.issued2002en_US
dc.identifier.urihttp://hdl.handle.net/1721.1/31104
dc.descriptionThesis (Ph.D.)--Massachusetts Institute of Technology, Dept. of Political Science, 2002.en_US
dc.descriptionIncludes bibliographical references (p. 396-406).en_US
dc.description.abstractThis dissertation, an in-depth empirical study of Brazilian racial discrimination law, examines the trends in complaining and surprising variation in official decisionmaking over the past decade. I collected more than 300 racial discrimination complaints, police investigations and court proceedings filed since 1989. I claim that Brazil's racial ideology and its theory of racial discrimination as an act of racial prejudice have been jointly constituted and, in turn, fully shape the making and the using of anti-discrimination law. I show that Brazil constructed racial discrimination narrowly compared to US theories of racial discrimination and the Brazilian understanding of other forms of discrimination, such as gender and age. Brazilians disproportionately file racial discrimination complaints about insults by a neighbor or co-worker. Officials treated these and most allegations as private, interpersonal disputes, even for allegations of firing and other problems protected in the law. I located approximately 40 findings for the plaintiff, a small fraction of the tens of hundreds of allegations, and analyze the variation in judicial inquiry and outcomes. Brazil's racial ideology and weak rule of law strongly influenced litigation. Defendants destroyed evidence and threatened plaintiffs and witnesses. Officials often erased the testimony of Black plaintiffs and witnesses in their holdings. Defendants often claimed to be Mulato or to have treated the plaintiff cordially as evidence of being Brazilian and inherently unprejudiced. Many officials accepted that defense. I hold the Brazilian theory of racial discrimination as overt prejudicial acts responsible for the use of the law.en_US
dc.description.abstract(cont.) The law has focused attention on the mind and attitude of the aggressor. Although all judges invoke their ideology in their findings, Brazil's anti-discrimination law has increased that tendency by requiring judges to decide whether a defendant was prejudiced. Instead of providing clear standards to try cases, the law has encouraged judges to consult their own racial ideology.en_US
dc.description.statementofresponsibilityby Seth Racusen.en_US
dc.format.extent406 p.en_US
dc.format.extent25162120 bytes
dc.format.extent25218421 bytes
dc.format.mimetypeapplication/pdf
dc.format.mimetypeapplication/pdf
dc.language.isoengen_US
dc.publisherMassachusetts Institute of Technologyen_US
dc.rightsM.I.T. theses are protected by copyright. They may be viewed from this source for any purpose, but reproduction or distribution in any format is prohibited without written permission. See provided URL for inquiries about permission.en_US
dc.rights.urihttp://dspace.mit.edu/handle/1721.1/7582
dc.subjectPolitical Science.en_US
dc.title"A Mulato cannot be prejudiced" : the legal construction of racial discrimination in contemporary Brazilen_US
dc.title.alternativeLegal construction of racial discrimination in contemporary Brazilen_US
dc.typeThesisen_US
dc.description.degreePh.D.en_US
dc.contributor.departmentMassachusetts Institute of Technology. Dept. of Political Science.en_US
dc.identifier.oclc50619935en_US


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