Freedom of expression and hate speech: limits and legal implications in the Brazilian legal system.

Vol. 2, 2025 - 333619
Oral presentation
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Abstract

This article examines the legal limits of freedom of expression in Brazil in the face of hate speech. Freedom of expression, a democratic pillar and fundamental right in the Federal Constitution of 1988, is not absolute. The methodology adopted was qualitative, exploratory and theoretical-legal, with an essential focus on the normative review and the consolidated jurisprudence of the Federal Supreme Court (STF) on the subject. The study seeks to determine the point at which the manifestation of thought yields to the repression of acts that propagate discrimination and incite hostility against vulnerable groups. The results demonstrate that the legal system excludes from the constitutional guarantee expressions that attack human dignity. It is concluded that this guarantee finds its limit in the respect for other fundamental rights, and it is imperative to balance the prevention of hateful speech.

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Institutions
  • 1 Centro Universitário Santo Agostinho
Track
  • WG 10 - GENDER, RACE AND DIVERSITY: CHALLENGES AND PERSPECTIVES FOR HUMAN RIGHTS AND SOCIAL JUSTICE
Keywords
Freedom of expression
Hate speech
Fundamental rights
Federal Constitution
Jurisprudence