RACIAL PROFILING AND PENAL SELECTIVITY

Challenges for Human Rights Based on Habeas Corpus No. 208.240/SP

Abstract

This article discusses the judgment of Habeas Corpus 208.240/SP by the Brazilian Federal Supreme Court, which addressed racial profiling in police approaches and the concept of “reasonable suspicion”. The study examines the justices´ votes, highlighting disagreements over the legality of the stop and the application of constitutional principles  such as equality and human dignity. Although the justices ultimately approved a thesis establishing theoretically objective criteria to prevent discriminatory practices, it was not applied to the specific case, limiting its immediate impact. The analysis of the Habeas Corpus reveals that the Court´s decision exposes contradictions between legal formulations and practical reality, underscoring the need for more outstanding institutional commitment to confronting structural racism and ensuring the effectiveness of Human Rights in police approaches.

Keywords: Brazilian Federal Supreme Court; Habeas Corpus 208.240/SP; Racial Profiling; Human Rights; Police Approaches.