Hate Speech Against Sexual Minorities: Dialectic Between the Principle of Human Dignity and Freedom of Expression

• Autor(a) principal: Rocha, Francielle Lopes
• Data de Publicação: 2015
• Outros Autores: Mazaro, Natália Santin
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Gênero, Sexualidade e Direito
• Texto Completo: http://www.indexlaw.org/index.php/revistagsd/article/view/984
• topic: Hate speech, Dignity of the human person, Freedom of expression, Proportionality; Discurso do ódio, Dignidade da pessoa humana, Liberdade de expressão, Proporcionalidade

It is known that minorities and vulnerable groups are often the target of discriminatory expressions in Brazil. About sexual minorities, as authors of counter demonstrations there ligious fanatics, moralists extreme and other motivated by personal reasons, but that hardly constitute plausible justifications for the conduct. On the contrary, as a rule, they printat their demonstrations a hate speech, urging not only prejudice, repugnance, but even violence against such groups. Sincethe 1988 Federal Constitutionen shrines a system of fundamental rights, permeate our legal system the principles of human dignity and freedom of expression. It can be affirmed, inclusive, that the latter is justifie donly when it metthe limit softhat which constitutes one of the foundations of the Federative Republic of Brazil. However, it is only possible to analyze if the discursive practice doesn't stop fall in hate speech-which exceeds the limits off reedom of expression of thought and violates the human dignity, by examining a case-by-case basis, in accordance with the principle of proportionality.