As Constituições federais de 1824 e 1891 e seus reflexos na exclusão social do negro no Brasil: uma revisão bibliográfica

Abstract

The article provides a historical-legislative perspective of the position of blacks in Brazil, from the Imperial Constitution of 1824 and the Republican Constitution of 1891, influenced by Eurocentrism and Gobinism. From them, blacks were excluded from land occupation policies in Brazil, from access to knowledge and access to the legislature. The understanding that the Negro was an object and not a subject of rights prevailed. The methodology adopted was Systematic Review. The results showed that in the Constituent of 1824, articles 254 and 265, which would give the possibility to sign employment contracts and access to education, were withdrawn, leaving blacks only social exclusion. The 1891 Constitution still excluded the Negro from the electoral process, by denying him the possibility of being voted. The consequences of this legislative racism were marginalization. Only after 1988, with the Citizen Constitution, this situation was changed.