SOUSA FILHO, N. A.; http://lattes.cnpq.br/7521411239214224; SOUSA FILHO, Nivaldo Amador de.
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.