HATE SPEECH, NONVIOLENCE AND JUSTICE: THE CRIMINALIZATION OF HOMOPHOBIA BY THE STF IN THE LIGHT OF JUDITH BUTLER'S PHILOSOPHY

• Autor(a) principal: Andrade, Caio Viana
• Data de Publicação: 2023
• Outros Autores: Siqueira , Natércia Sampaio
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direitos Fundamentais e Democracia
• Texto Completo: https://revistaeletronicardfd.unibrasil.com.br/index.php/rdfd/article/view/2454

State intervention in issues such as hate speech against minority groups arouses numerous and divided debates about it. Therefore, the general objective of this article is to analyze, in the light of Judith Butler's thought, the judgment by the Supremo Tribunal Federal (STF) of the Ação Direta de Inconstitucionalidade por Omissão nº 26 (ADO Nº. 26), in which criminalization was determined homophobia and associated hate speech. We chose to study Butler's thought on the subject due to its proposal to contrast prevailing concepts and ideas, in order to make room for themes such as non-violence and gender identity, which had been neglected until then. To fulfill this objective, the work was developed in three sections: 1) Language as a creative agent; 2) Performative politics and the insurrectional effects of hate speech; 3) The strength of nonviolence and the counter-attack against state violence; and 4) The criminalization of homophobia by the STF: between justice, the politics of the performative and the force of nonviolence. A bibliographic and documentary methodology was used, with a qualitative and pure research approach, using the hypothetical-deductive method. It is concluded that the criminalization of homophobia was the correct measure in the case in question, as the fight against different forms of violence, such as nonviolence, depends on the coercibility and normativity of the State. Key-words: Criminalization of homophobia. Hate speech. Judith Butler. Nonviolence. Supremo Tribunal Federal