Freedom of expression and hate speech: brazilian law in search of a model

• Autor(a) principal: Facchini Neto, Eugênio
• Data de Publicação: 2021
• Outros Autores: Rodrigues, Maria Lúcia Boutros Buchain Zoch
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/29220
• topic: Hate speech; freedom of expression; limits; comparative law; Brazilian model; Discurso de ódio; liberdade de expressão; limites; direito comparado; modelo brasileiro.

The article analyzes how Brazilian law deals with hate speech, especially in the context of social networks, and whether it is equipped to resolve conflicts that put freedom of expression and other fundamental rights on a collision course. Starting from the defense of broad freedom of expression, it examines the limits that can be imposed on offensive speeches. The US and German legal experiences in relation to the theme are analyzed, as well as european regulatory attempts of digital social media, in an attempt to establish limits to hate speech. The implementation of a system of regulated self-regulation of internet service providers is advocated, with effective procedures to combat violations committed in digital social media, with the development of a culture of respect for diversity. From a jurisdictional point of view, an attempt is made to indicate the model followed by Brazilian law. It is hypothesized that although the Supreme Court's jurisprudence is firm in favor of a preferred position of freedom of expression, following the North American tradition, the same does not occur in relation to hate speech. Here, the model followed seems to be the German one, due to the greater proximity of the constitutional documents in force in both countries, which equally protect, even more prominently, the dignity of the human person and their personality rights, which are absent in the US constitution. The research carried out is theoretical in nature and used a comparative procedure, with a qualitative and prescriptive approach, using the bibliographic-documental technique.