Institutional Racism in Schools and New Conceptions of Civil Liability

Abstract

The present article aims to discuss institutional racism from the perspective of civil liability in its different conceptions, particularly racism manifested within educational institutions. First, it is necessary to distinguish between racism, social racism, and institutional racism, as well as to investigate the broader concept of racism within the Brazilian legal framework. Having established this, the article proceeds to analyze the subject from the perspective of civil liability, going beyond the classical concept of liability as an obligation to compensate, and exploring new conceptions introduced in the General Data Protection Law (LGPD). Finally, the article advocates for the transplantation of different dimensions of civil liability (responsibility, accountability, answerability) to enable the protection and promotion of the personality rights of children and adolescents, who are made vulnerable by practices tolerated or implemented by educational institutions influenced by racist ideologies.