O discurso de ódio contra grupos vulneráveis sob o exame da tópica jurídica no direito brasileiro: ditadura, democracia e direitos humanos

• Ano de defesa: 2024
• Autor(a) principal: Brito, Felipe Peixoto de
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal da Paraíba; Brasil; Ciências Jurídicas; Programa de Pós-Graduação em Ciências Jurídicas; UFPB
• Palavras-chave em Português: Direitos humanos; Discurso de ódio; Grupos vulneráveis; Dignidade humana; Liberdade de expressão; Igualdade e não-discriminação; Human rights; Hate speech; Vulnerable groups; Human dignity; Freedom of expression; Equality and non-discrimination; Droits humains; Discours de haine; Groupes vulnérables; La dignité humaine; Liberté d'expression; Égalité et non-discrimination; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.ufpb.br/jspui/handle/123456789/32342

The research object consists of analyzing hate speech against vulnerable groups in Brazilian law, from a legal-social perspective, when considering the dictatorial period – from 1964 to 1985 – to the present. There is emphasis on colliding rights in the issue, freedom of expression and the right to equality in its non-discrimination aspect, based on the interpretative assumption of the applicability of the principle of human dignity. When considering Brazil's recent transition from a military dictatorship to a democratic regime, the problem is expressed in the question: What legal model – and its hermeneutics – would be effective to reconcile the rights in tension in cases of hate speech in the Country? The hypothesis raised to respond to this problem is that hate speech, in addition to not being in accordance with the Brazilian legal system and international human rights law, produces negative impacts on society and the State, including in the political and social spheres; and demands an innovative legal hermeneutics to understand the protection of human rights in tension in the problem. The general objective of the thesis is to analyze, in a realistic approach, the paradoxical legal-social framework inherited from the recent dictatorial period in Brazil and its implications for the regular implementation of freedom of expression in the Democratic State of Law, focusing on the issue of hate speech against vulnerable groups when investigating colliding rights. The specific objectives are: Address human rights and the constitutional theory of establishing principles, guarantees and fundamental rights; Examine the historical-legal evolution between the dictatorial period and democracy in Brazil, as it relates to the development of human rights in the country; Verify the applicability of freedom of expression and the right to equality and non-discrimination in legal tension in cases of hate speech against vulnerable groups, by investigating the possibility of an effective legal hermeneutic for the protection of fundamental rights; Finally, analyze the political-social impact of hate speech in Brazil, and seek ways to minimize rights violations and social harm. The method used is hypothetical-deductive, with a theoretical reference based on the theory of fundamental rights and principles, with an examination from the perspective of the topics of Theodor Viehweg, “Topics and law”, when analyzing the possibility of applying the legal topics to the research object. Regarding jurisprudential aspects, the research starts from the analysis of the Ellwanger case – Habeas Corpus nº 82424/RS –, which is paradigmatic in Brazilian law. Next, more recent cases, also from the Brazilian Constitutional Court, are examined. The vulnerable groups emphasized, from a legal topics perspective, are: people of African descent, with the topical examination of the Judgment of the Federal Supreme Court regarding Inquiry No. 4.694/Federal District; and the LGBT community, with the topical examination of the Direct Action of Unconstitutionality by Omission nº 26/Federal District.