A (NÃO) contribuição da tipificação do crime de curandeirismo para a demonização das religições de matrizes africanas

Abstract

The observation of the data of religious intolerance in Brazil against Afro-Brazilian religions generates curiosity about the reasons why this occurs. Inserting Criminal Law as a matter of analysis, the crime of african traditional medicine provided for in Article 284 of the Penal Code might be assessed as a possible reflection of religious racismwithin the legal system. Whereas, in order to classify the aforementioned crime, the protected legal good is public security, the concept of health privileged by the ordering system will stand out, in contrast to those adopted by african cults. By demonizing these religions, the practice of healing iscriminalized, but also a determined way of existing, being and remaining in this the world. The main objective of the research is, therefore, to verify if the typification of the healing crime contributes to the demonization of African-based religions. For that, the bibliographic research technique and the deductive method will be used. In conclusion, it was demonstrated that the law functions as an instrument to maintain the interests of a certain racial group. With the work of political and legal forces legitimizing ethnocentrism and the persecution of Afro-Brazilian religions, the typification of the crime of africn traditional medicine silences beliefs of African matrices, contributing to the increase of religious intolerance against them and perpetuating structural racism in the Brazilian legal system.