HATE SPEECH ON SOCIAL MEDIA AND THE LIMITS OF FREEDOM OF EXPRESSION IN BRAZIL

Abstract

Hate speech on social media is a relevant social phenomenon today, especially due to the reach provided by the internet. But what can be considered hate speech in practice? Is there, in fact, a limit to freedom of expression? How does Brazilian law protect victims of this type of speech from civil and criminal matters? This topic requires more in-depth studies, which this article has undertaken based on a bibliographic review of studies on hate speech, in addition to an analysis of the most important Brazilian laws on the subject, seeking to outline a profile of the legal scenario surrounding the practice of hate speech on social media. Although Brazil does not yet have specific legislation that provides for civil and criminal consequences for users who publish hate speech on social media, there are scattered laws in force that authorize the legal protection of victims, based on personality rights (protection of equality, honor, privacy) and human dignity. Therefore, it must be considered that hate expressed on social media cannot be considered a mere opinion and is not protected by freedom of expression.