A liberdade de expressão e o hate speech: uma análise sobre a ponderação entre os princípios liberdade e igualdade.

Abstract

This work deals with hate speech and its limitation as freedom of expression, taking into account that the excesses of this freedom constitute an abuse of rights. Freedom of expression is an inviolable fundamental right that is provided for in article 5 of the Federal Constitution of 1988 with the objective of guaranteeing free communication, expression and manifestation, among them: externalizing thoughts, beliefs and opinions, that is, any manifestation of thought . Within the context of freedom of expression there is hate speech, also known as hate speech. Such speech is condemned by the Brazilian legal system, although it is a manifestation of thought, considering that the expression of thought of a given individual can never contain discrimination against another individual or social group, generating a conflict between freedom of expression and freedom of expression. equality listed in article 1 of the Federal Constitution. In this way, the objective of this work is to understand the limits of freedom of expression from the limit to hate speech. Within this context, there is a need to use the technique of balancing because there is a conflict between fundamental rights: freedom and equality, both listed in our constitution as stony clauses. Therefore, there is a need to consider which of these rights should prevail, given that human dignity must always be preserved. Finally, it is understood that freedom of expression is not an absolute right, since judicial decisions have already overridden human dignity and equality as rights with greater weight when compared to freedom of expression with regard to hate speech. Keywords: Freedom Of Expression. Hate Speech. Equality. Human Dignity. Balancing