The construction of the legal concept of hate speech as a tool for anti-discrimination law: Limits to freedom of expression in (dis)respect for diversity in the digital environment

• Autor(a) principal: Dantas, Carlos Henrique Félix
• Data de Publicação: 2022
• Outros Autores: Netto, Manuel Camelo Ferreira da Silva
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Direito em Movimento (Rio de Janeiro. Online)
• Texto Completo: https://ojs.emerj.com.br/index.php/direitoemmovimento/article/view/427
• topic: liberdade de expressão; discurso de ódio; direito antidiscriminatório; vulnerabilidade; diversidade humana; Freedom of Expression. Hate Speech. Antidiscrimination Law. Vulnerability. Human Diversity.; freedom of expression; hate speech; antidiscrimination law; vulnerability; human diversity

This work investigates how the discursive demarcation of hate, in contemporary society, works as a way of limiting Freedom of Expression to promote respect for diversity in combating discrimination against socially stigmatized groups. In this way, the research problem involves the identification of criteria that limit excesses to Freedom of Expression in the face of discrimination against those subjects who are considered as vulnerable in the digital environment. In turn, the legal construction of the concept of Hate Speech is valued from the idea of ​​protecting diversity as a way of recognizing the Other, henceforth the ideal of alterity and respect for difference. For that, the analytical-deductive method was used, with a qualitative approach, through the use of the techniques of bibliographic review, documental research and case study. Therefore, we came to the understanding that Hate Speech is a problem that impacts the Judiciary given the incipient discussion around its meaning, which is why it is necessary to promote this discussion, since it must be considered as a limiting factor. of Freedom of Expression in the Rule of Law.