The present dissertation has the theme of leisure as a social right, the inequalities in its enjoyment and the elements necessary for the democratization of access to it. The objectives are: i) to study leisure as a social phenomenon, in the different senses that it assumes in society, its concept and its properties; ii) analyze how the right to leisure is configured in the Brazilian legal system since its inclusion in the CRFB / 88 seeking to find the content given to this social right; Iii) to investigate other issues that influence the experience of leisure producing inequalities, how the economic and social problems and the market dynamics act on this experience changing its configuration; iv) analyze, based on the studied, which elements would be essential to modify the reality of inequality, giving real effectiveness to this right. The research is done from a racialized perspective, considering racism as one of the factors that acts on the configuration of leisure and its inequalities. In the first stage, a reflection will be made on the concept of leisure, its aspects and properties based on the material provided by the Leisure Studies, followed by an investigation on the treatment of the right to leisure in the Federal Constitution of 1988, infraconstitutional legislation and Doctrine of constitutional law. Soon after, I will establish a content for the social right to leisure based on concepts worked and a systematic interpretation of the constitution. In the second stage, I deal with leisure in its relationship with capitalism, analyzing the performance of the cultural industry, globalization and the advancement of the entertainment industry and the changes that they cause in leisure, to deal with the inequalities in access to leisure influenced by the dynamics Of large cities, related to urban problems. In the third stage, I deal with the leisure dynamics of the popular classes, approaching the contradiction present in leisure, in which coexist their cooptation by different instruments of domination and the capacity of resistance to it, showing leisure as resistance and the relationship between culture Of masses and popular culture. Finally, I point out other challenges that are posed for the construction of the right to leisure, indispensable to the democratization of access to it.