ENTRE A LIBERDADE DE EXPRESSÃO E O HATE SPEECH : Uma investigação sobre os discursos de ódio perante o direito brasileiro

Abstract

The present paper presents a legal-philosophical analysis of the relationship between freedom of expression and hate speech, also called hate speech. We sought to investigate the points of view of both issues inserted at the heart of the research, analyzing their origins, definitions and effects, as well as other legal systems see them. The hypothesis raised by this research revolves around questioning whether or not hate speech is protected by the right to freedom of expression in the Brazilian legal system, as well as understanding whether this practice is a criminal conduct under national law. The investigation was developed under the bibliographical and documental methodology. It was found that hate speech is not consistent with freedom of expression in Brazilian law, since it breaks with the principle of human dignity and violates the constitutionally protected right to honor and image. It is also concluded that these hateful preaching fit the typification offered by article 20 of Law 7.716/89. For this reason, hate speech is not covered by the right to freedom of expression and confronts the ideals of democracy and constitutional precepts.