Racism Is a Crime in Brazil: What the Law Says and Why It Matters for Travelers

Brazil has one of the world's most explicit legal frameworks for combating racial discrimination, yet many international travelers are unaware of it. Understanding Brazil's anti-racism laws isn't just a matter of civic knowledge; it's practical information for anyone visiting, living in, or doing business in the country.

The Foundation: Lei 7.716/1989

Brazil's primary anti-racism legislation is Law No. 7,716, enacted on January 5, 1989, commonly known as the Lei do Racismo (Racism Law). The law defines and punishes discrimination or prejudice based on race, color, ethnicity, religion, or national origin in employment, public life, commercial services, and beyond. Penalties under this law can reach up to five years of imprisonment.

In 2023, Law No. 14,532 further strengthened the framework, raising the penalty for racial insults from 1–3 years to 2–5 years of imprisonment and a fine. It also expanded protections to explicitly cover digital contexts, meaning racist content shared on social media or through messaging apps is prosecutable under Brazilian law.

What Specific Acts Are Criminalized?

Under Lei 7.716, the following acts are criminal offenses in Brazil:

• Refusing to hire someone for a job or position in the public or private sector based on race, color, religion, or ethnicity

• Refusing to serve a customer in a commercial establishment for the same reasons

• Preventing someone from entering a restaurant, bar, hotel, or public building on the basis of race

• Refusing access to public transportation based on race or color

• Manufacturing, distributing, or displaying symbols associated with Nazism (punishable by 2–5 years imprisonment)

• Publishing or broadcasting racist content through any medium, including the internet

A separate but related offense is "injúria racial" — racial insult — which applies when a specific individual is targeted with slurs or offensive language referencing their race, color, ethnicity, or religion. This carries a penalty of 1–3 years imprisonment and a fine.

Landmark Cases

In 1990, Brazil's Supreme Court convicted publisher Siegfried Ellwanger for distributing antisemitic books denying the Holocaust. The court ruled that denial or relativization of the Holocaust constitutes incitement to racial discrimination under Article 20 of Lei 7.716, establishing a strong legal precedent that freedom of speech does not protect racist expression.

In 2019, Brazil's Supreme Federal Court (STF) ruled in an 8–3 decision that homophobia and transphobia constitute a form of "social racism" under the same law. This means acts of discrimination based on sexual orientation and gender identity, including denying employment, services, or accommodation, are now criminal offenses under Lei 7.716.

Why This Matters for Travelers

Brazil is a majority Afro-descendant country, with the richest African cultural heritage in the Americas outside of the continent itself. Its cities are genuinely diverse, and Brazilian society is increasingly vocal about racial equity. Visitors who experience or witness discrimination have legal recourse. Conversely, travelers should be aware that conduct that might go unaddressed elsewhere can constitute a criminal offense in Brazil. It is imperative to know that these laws apply to travelers just like they apply to Brazilian citizens.

Recent famous cases of tourists who have been arrested for breaking this law include a Spanish traveler and an Argentinian traveler who were both arrested for racist comments.

Despite laws against racism, unfortunately it continues to exist. If you believe someone is being racist toward you, the best course of action is to discreetly film the encounter and then get to somewhere safe, so you can later file a police report at a police department. Always err on the side of safety and getting out of a potentially violent situation rather than trying to bring justice alone. Take your evidence, witnesses, and details to the police station later to file a report.

Oasis Brazil Travel is committed to connecting visitors with the full richness of Brazilian culture, guided by respect and awareness. If you have questions about navigating Brazil as a traveler from a minority group, our concierge team is available to advise on neighborhoods, venues, and experiences tailored to your comfort and safety.