Liberdade de expressão e discurso de ódio: os meios eletrônicos como ferramenta de propagação de preconceito.

Abstract

The present work has as its theme the freedom of expression and the discourse of hatred and the electronic means as a tool of propagation of prejudice. The problem that the work seeks is the greater dissection of the institute of freedom of expression as well as its legal scope and the differentiation between the fundamental right and the hate speech that, in turn, has been spreading in a worrisome way in the digital environment. To what extent does freedom of expression attain its legitimacy? What are the main targets of hate speech? Is Brazilian legislation effective in combating and preventing cyber crimes? The hypothesis presented is not of a definitive character, but of proposition to an ever more asserted and detailed discussion of the theme, placing the focus under the Federal Constitution, which, in protecting freedom of expression, also deliberates on crimes committed against honor, Race, sex and freedom of belief. In this struggle is defined the whole process of dialogue to which this study is proposed. The present work has as general objective to analyze the institute of freedom of expression and to problematize about its scope as well as to differentiate the mentioned institute from the harmful practices interconnected to its effectiveness in the digital environment. Its specific objectives are to discuss the virtual crimes that occur in the form of hate speech, as well as to propose a greater concern with the effectiveness of the Brazilian legislation regarding the legal application against crimes committed on the Internet. The dialectical deductive approach will also be adopted. As for the nature of the research is applied, as for the general object, the research is descriptive and explanatory. Bibliographical-documentary research is adopted as a technical procedure and with a direct and indirect treatment of the sources. Structurally the work is divided into three chapters. In the first one, it presents the freedom of expression and its contemporary classification as fundamental right and its position in the democratic state of right, as well as the social communication and the constitutional regulation of the means of communication. The second one refutes the classification of freedom of expression and hate speech, the occurrence of hate speech in the digital environment and a brief approach to cases concerning prejudice and discrimination on the Internet. Finally, the third analyzes virtual crimes in Brazilian law, an analysis of the Civil Landmark of the Internet, and the need to differentiate between the fundamental right and the hate speech, as well as to emphasize the need for greater attention to legislation in this phenomenon of hate speech in the Virtual environment.