O discurso do ódio: a cultura do medo e a influência midiática sobre a (in)efetividade dos direitos fundamentais

• Ano de defesa: 2015
• Autor(a) principal: Pauly, Mirele Dourado [UNESP]
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Estadual Paulista (Unesp)
• Palavras-chave em Português: Direito; Direitos fundamentais; Dignidade; Liberdade de expressão; Discurso do ódio - Aspectos jurídicos; Comunicação - Aspectos morais e éticos
• Link de acesso: http://hdl.handle.net/11449/136020; http://www.athena.biblioteca.unesp.br/exlibris/bd/cathedra/12-02-2016/000858345.pdf

This study aimed to run upon the aspects of hate speech and its legal and social implications. It was found to conclude about the supremacy of human dignity, which is the true foundation of Federative Republic of Brazil, as it is said at Article 1º, proposition III of the Federal Constitution, and its possible conflict against the abuse of the right of freedom of speech provided by Article 5º, proposition IV of the same Charter. It was pointed up during the work the developments about hate speech, as in sexism, racism and homophobia, pointing to the need of their movements for fighting for the safeguard of their rights not only through the argument, but mainly through praxis. Also assessing the legal provision for the prohibition of hate speech both in the national legal order and in international treaties to which Brazil is a member. It has been argued that freedom of speech, although it is fundamental in a democratic state of law, like any other fundamental right, it is not absolute. The research sought to expose how fear and its propagation influence the formation of the hatred and its consequent ideological inversion of human rights, Finally, it was tried to point out how the mass media can be responsible for the misuse of the information and can raise this fear, and that, as a result, could be a reason for effective regulation. Not censorship.