Discurso do ódio: um limite necessário á liberdade de expressão.

Abstract

Although discrimination is typified in the Brazilian legal system, the issue about prejudice is still very limited and there is no concrete position about hate speech in the doctrine, it goes beyond simple discrimination, because aims to disseminate ideas, instigating the commission of such conduct, devaluing other, treating as mere object or thing, injuring the dignity of the human person, the most value of man. The goal from this scientific work is to defend the limitation on freedom of expression with regard to hate speech and punishment of the agent. This study has significant importance in the legal order, since the necessary restrictions on freedom of expression, fundamental right in article 5 of the Federal Constitution of 1988. In the face of hate speech, it is essential to return to the protection of values such as equality, reciprocity and tolerance, as well as the principle of human dignity, one of the fundamental guarantees of the Brazilian Constitution, beyond the effectiveness of article 3, IV, of the same, defending the rights of everyone, without distinction as to origin, race, sex, color, age and any other forms of discrimination. For this work it was necessary to bibliographical research and documentary research, from the analysis of hate speech propagated by the media, for example, Twitter, facebook, among others, as way to identify the arguments of the various doctrinal currents, in especial the analysis of the decisions of Brazilian Courts involving limitations on freedom of expression against hate speech. Therefore, to the following concluding remarks: The limitation on freedom of expression in view of hate speech, nothing hurts the constitution, because hate speech doesn’t has benefit to society, do not seek evolution nor the real truth, while the speech distorts the truth, seeking devalue people belonging to a particular group in society, injuring the dignity of the human person and instigating discrimination, prohibited by the Constitution.