A tensão entre o direito à liberdade de expressão e o discurso de ódio no panorama judicial e democrático brasileiro

Abstract

The theme of this monograph is based on the phenomenon that emerged a few years ago that hits the constitutional apparatus in Brazil and worldwide and has increasingly caused discussions within the Courts, Legislative Bodies and academies. It is the hate speech delivered in various environments, be it real or virtual, at various times, such as during the election season, and by various people who use their right to freedom of expression to assault each other. Such attitudes have generated discomfort in society, which is radicalized and intolerant, given the frequent episodes of violence of all kinds transmitted by the media. Against this background, democracy is influenced as the social context becomes hostile to public and political debate, as episodes of violence are legitimized by diminishing the capacity for dialogue between citizens, as well as conjunctural attacks on different people or groups. one who utters the hate speech. Because of this, new forms of political alignment emerge and new actors are born in this scenario, so that democracy suffers impacts and affects the lives of thousands of people who cannot exercise their citizenship through oppression or exclusion. The Federal Supreme Court has already had the opportunity to examine a hate speech case in Inquiry 4.694 / DF and has not proceeded with the criminal analysis of the case because it considers the principle of freedom of expression more relevant. However, the judiciary gives strong signals that it accepts the environment described and puts democracy to the test, but Brazilian democracy has a troubled and difficult to assimilate its conception and need for republican life, which aggravates the public environment. charting new horizons for our history. Therefore, it is necessary to analyze this context of polarization and its impacts on Brazilian democracy and the constitutional direction taken by the Supreme Court through the decision in the referred judgment.