Dealing with cyber racism: perspectives from the Brazilian and the Spanish legislation experiencies

• Fernanda dos Santos Rodrigues Silva ^[1] ; Nina Trícia Disconzi Rodrigues Pigato ^[1]
  1. [1] Universidade Federal de Santa Maria

     Universidade Federal de Santa Maria

     Brasil

     
• Localización: Cybercrime: new threats, new responses: Actas del XVº Congreso Internacional Internet, Derecho y Política. Universitat Oberta de Catalunya, Barcelona, 1-2 de julio de 2020, 2020, ISBN 978-84-17580-15-5, págs. 173-189
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • Racism, unfortunately, is not a concept restricted to this or that country. Prejudice due to race and skin color may have its peculiarities depending on where it is reproduced, but its impactstend to be equally bad on who suffers. With the advent of network society, considering Internet as a place for reproduction of social facts, online racism, or cyber racism, has been gaining more space and generating even more problems considering the reach and spread of prejudicial messages in digital environment. With that in mind, it is necessary not only to think about adapted practices to this new environment, capable of reducing the problems arising from this virtual crime, but, before that, to verify if existing laws, especially in criminal area, can accommodate this new phenomenon. So, the objective of the present paper is to answer the question: to what extent are legal tools available to combat cyber racism in Spain and Brazil sufficiently? In this point, it is understood that comparative study can be used to identify the advantages and deficiencies of each country’s law, allowing the proposition of solutions for one or another or even both. To do so, the method of deductive approach will be used, from detailed analysis of criminal laws and, eventually, civil laws, about cyber racism in both Brazil and Spain. The methods of procedure, therefore, will be the comparative, the monographic and theanalytical. Finally, the necessary research techniques will be the bibliographic, with reference to files, articles and books about the subject, as well as the documental, with selected criminal and civil laws.