Limites of freedom of expression and characterization of hate speech

Abstract

This article will take care to make a study on the possible limits of freedom of expression, which come up against the configuration of eventual hate speech. With the central objective listed, and given the current nature of the topic, an examination of this issue will be carried out, in the light of the understanding of the Supreme Federal Court and the European Court of Human Rights. While the prior censorship of a certain manifestation of thought is prohibited, speeches with discriminatory bias, which seek to marginalize an entire specific social body, the so-called minorities, are not tolerated by the Brazilian Judiciary. With this, the difficulty of operating the law in the current context arises from the collision of the fundamental right of freedom of expression, with the dignity of the human person. In view of this situation, it is imperative to discuss the topic, using the criterion of weighing fundamental rights, through hermeneutics. To this end, a study of cases already judged by the Supreme Court must be carried out, with the appropriate bibliographic complementation. Using the dialectic, guided by fundamental structural principles of the constitutional order, the study presented here will bring a viable solution for the legal ordering. At the end, it will be possible to observe that the discourse limit will be decreed from the specific case, and the decree of the limit must be justified.