Discurso do ódio

Abstract

This thesis aims to examine one of the controversial aspects of freedom of expression, namely Hate Speech, which encompasses an aggressive and hate instilling manifestation, as well as discrimination against ethnic, social, religious and cultural minorities. The theme involves the study of the boundaries of the right to freedom of expression, its scope and content, aiming to verify whether Hate Speech is protected under the aforementioned right. This thesis will examine the legal approach given to the theme in comparative law, doctrine and jurisprudence, outlining the existing differences between the European and American systems of protection to freedom of expression, since Hate Speech is forbidden in most European countries and allowed in the American legal framework. The approach given by the Brazilian constitutional system to freedom of expression and the historical decision of the Federal Supreme Court concerning this issue in habeas corpus nº 82.424/RS. Considering the relevance of this theme for contemporary Constitutional Law, an effective legal solution is sought to avoid and combat Hate Speech without, however, violating the freedom of expression, the human dignity of its victims and without compromising the Legal Democratic State