Right to freedom of expression or hate speech on social media

Abstract

The present work aims to analyze freedom of expression as a fundamental right and the possibility of it becoming hate speech as a way of disqualifying people or groups. The right to freedom of expression is a fundamental guarantee constitutionally provided for in Article 5, IV of the Federal Constitution of 1988, which highlights that any and all forms of expression of thought are free, however this right is not absolute, as it is is limited by the principle of Human Dignity. With the rise of the internet and digital media, a phenomenon called Hate Speech or Hate Speech has become stronger, which are gratuitous offenses with the purpose of humiliating, degrading, belittling and even attacking the morale of groups or individuals. The research is carried out using the deductive method in a bibliographical review approach, including the study of current law, doctrine and Brazilian jurisprudential positioning. From this perspective, the question arises: What is the dividing line between freedom of expression as a free demonstration and hate speech?, given the absence of normative texts that establish accountability in the face of intolerance and discriminatory messages, restrictions, which must be preserved for extreme cases, they will occur by weighing the interests at stake in accordance with a method of proportionality, in order to avoid disproportionate decisions that prohibit public debate.