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Human rights, transnational constitutionalism and racial inequality: post-Covid-19 pandemic challenges

Abstract

This article assumes that the disproportionate impact of COVID-19 on the black population in Brazil is a problem of structural racism. On the other hand, it assumes that transnational constitutionalism arises as a possible alternative for the prevention of global crises, such as this pandemic. In this sense, structural racism, which highlights the impact of the global COVID-19 crisis on black people in Brazil, is a challenge that global constitutionalism will have to face in order to avoid reproducing implicit or explicit structures of racism. In the first part, the article collects preliminary data about the impacts of the COVID-19 pandemic in Brazil, especially among black people. Afterwards, it discusses studies related to the issues of racism, power and discourse. In the third part, it briefly reconstructs central concepts of transnational constitutionalism from its evolution in the West. Finally, it reflects on the three possible challenges to transnational constitutionalism in combating racial inequalities in post-pandemic settings: theoretical-normative challenge, structural-functional challenge and political-pragmatic challenge.

Keywords:
human rights; transnational constitutionalism; racism; COVID-19

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