Punibilidade do discurso de ódio: um estudo sobre seus efeitos na internet

Abstract

Discrimination is typified in the Brazilian legal system, but the preconception is a very limited subject, and there is not a concrete position on hate speech, which is more serious that the discrimination, since it aims to reproduce ideas that aim is to segregate and instigate the practice of these behaviors, devaluing the humanity of the other, treating it as a mere object or thing, hurting the dignity of the person, which is the most valuable asset of the man. The present scientific work aims at the defense of the mitigation of freedom of expression by the hate speech, and the characterization of the mitigation of freedom of expression by the hate speech, and the characterization of this a crime. Such a study has relevant importance, for the legal world, looking to the necessity to restrict freedom of expression, fundamental rights, guaranteed in art. 5° of the federal constitution of 1988, and to bring out the relevance of always observing the principle of the dignity of the human person, which is censured by art. 1°, item III of the constitution, which defends the common good, without distinction as to race, sex, color, or any another form of discrimination. This work was carried out, using bibliography and documentaries researches, analyzing the diffusion of the internet, investigating situations and judgments on the subject. It is concluded that to mitigate freedom of expression by the hate speech dose not hurt the constitution, because when this principle reaches the scope of the hate speech, it becomes harmful, not bringing benefits to society. Observing the end of the necessity for positivation to hate crimes.