O Tratamento jurídico do hate speech nas redes sociais brasileiras : uma análise sob o espectro do direito constitucional à liberdade de expressão

Abstract

The present work is intended to analyze the legal treatment given to hate speech in Brazilian social networks from the prism of the right to freedom of expression disposed in the role of fundamental rights and guarantees of the Federal Constitution. In this way, a contextualization was drawn about “hate speech”, translated into Portuguese as hate speech, freedom of expression, as well as the role that social networks play in computerized society. Afterwards, through an intermediate analysis of the finding of the right to freedom of expression in Brazilian Constitutions throughout history, it was possible that the social context outlined the way in which that right was guaranteed. Thus, employing the descriptive, through the method of bibliographic review, determined by the exploratory procedure, which, despite the constitutional provision of free sharing of opinions on different subjects, hate speech is compatible with the legal system of the right of reason of the human person.