A liberdade de expressão no Brasil amefricano: uma análise de provimentos jurisdicionais em matéria de discurso de ódio racial

Abstract

In recent times, the occurrence of situations involving discursive manifestations permeated by hatred has gained accentuated relevance on the world stage and, especially, in Brazil. The attacks target a multitude of subjects who, although different, share a single designation, that of “minority”. In this sense, given the peculiarities of its formation process, in Brazil, discussions around racial issues, especially regarding the afro-americans, demand great attention and care, especially when considering that, even after more than 130 years following the abolition of slavery, there were few achievements and reparations aimed at this public. With this in mind, this research proposal aims to investigate the way in which issues involving racism, notably in its form of hate speech, cross the Judiciary, taking into account the repeated presence of the advocacy of freedom of expression in situations involving intolerance and, in a complementary way, the influence of elements such as coloniality, the myth of racial democracy and whiteness on the issue. In this scenario, the driving question of the work can be summarized as follows: Considering Brazil's colonial heritage and Brazilian-style racial discrimination, as well as the recognition of the illicitness of racism enshrined in Article 5, section XLII of the 1988 Constitution, in what way the Brazilian State Courts of Justice have positioned themselves, on appeal, in cases of racial hate speech against the afro-americans, especially with regard to the constant advocacy of freedom of expression by the intolerant? The hypothesis that is outlined is that, although racism has been constitutionally recognized as a typical and illicit fact by the Brazilian legal system, under the terms of articles 4, VIII and 5, XLII, the advocacy of freedom of expression in cases of speech of racial hatred still finds, to some extent, adherence by the Brazilian Judiciary. In this scenario, the methodology adopted was deductive and the procedures predominantly used were bibliographic review and document analysis. Finally, the research concluded not only the necessary existence of divergences in Brazilian state Courts of Justice regarding the limitation of freedom of expression in cases of racial intolerance, but also the very reproduction of racism and related ideologies in the discourse of the judiciary of power, notably with regard to State Courts of Justice.