O limite entre a liberdade de expressão e o discurso de ódio na jurisprudência nacional

Abstract

Freedom of speech, one of the foundations of a democratic society, has lately been on the spotlight and gained the status of fundamental right on the Brazilian legal system by the current federal constitution. Along with the freedom of speech, arises, at the other end, the hate speech which characteristics are, among others, the inferiorization and discrimination of minorities and specific groups of the society, which leads to the violation of another fundamental right: the right of human dignity. In this sense, the present work analyzes in a critical way how the international jurisprudence solves the conflict of fundamental rights and, most importantly, how the Brazilian superior courts have been judging such conflict, in order to settle which right prevails in the weighting process of fundamental rights at the national sphere.