Challenges for the protection of freedom of expression rights in the face of hate speech: a human rights analysis

Abstract

The central theme of this work is an analysis of the right to freedom of expression enshrined in the Brazilian Federal Constitution in the face of hate speech on digital platforms. This study was guided by the general objective of demonstrating that freedom of expression is a fundamental right, but not an absolute one, which must be exercised within the limits of the law and respect for the rights of other individuals. It became clear that freedom of expression can be used as a justification for the dissemination of hate speech, which represents a threat to social cohesion and individual rights. The methodology used was legal research, of an exploratory nature, bibliographical and documentary, with qualitative analysis, considering that doctrinal and jurisprudential understandings were observed about the right to freedom of expression in the face of hate speech on digital platforms, whose method of theoretical approach was deductive. The methodology adopted was based on the legal approach, with the aim of achieving the objectives through deductive research, considering doctrinal analysis. To this end, the study used an exploratory approach, which included consulting bibliographies, doctrines and documents such as legislation and case law. In addition, this research incorporated qualitative elements in its quest to understand the standards of freedom of expression in relation to speeches.