Discurso do ódio: um estudo em defesa da liberdade de expressão

Abstract

The contents of this study aimed to explain a profound constitutional issue, in gradual discussion, which has attracted the attention of the eyes of the right applicator and the proper subject of law, which is to restriction of freedom of expression and, against this sense, will defend the hate speech theory and its consequences. Therefore, initially, will be presented historical aspects surrounding the emergence of fundamental rights, as well as notes for clarification of their legal nature. Soon after, we will return our gaze to the freedom of expression and the treatment of its limits justified from the perspective of two perspectives held by Ronald Dworkin, and certain way, lapped by the ideals of John Stuart Mill, analyzing also the manifestation of thought as discourse that adds value to humans by the propulsion of constitutive thought. Finally, we present the concept of reverse discrimination, the result of an interventionist state that leads the attack so similar discrimination as those want to avoid the prohibition of hate speech. We propose not to state intervention in the human say that the speech of the agent is considered as mature human being, rational and critical to the solidification of democracy.