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- Title
O DISCURSO DE ÓDIO COMO LIMITANTE DA LIBERDADE DE EXPRESSÃO.
- Authors
Pamplona, Danielle Anne; Almeida de Moraes, Patricia
- Abstract
This article intends to analyze the restrictions on freedom of expression when it approaches the hate speech. Firstly, was examined the limitations applied to freedom of expression in the Inter-American Human Rights System, based on the analysis of Article 13 of the San Jose Costa Rica Pact, and the understanding of the Inter-American Court of Human Rights, in cases that was applied this limitation, and the analysis of the purport of the Inter-American Convention Against All Forms of Discrimination and Intolerance. After that, was analysis the hate speech as an inhibiting element of freedom of expression, and its discriminatory and intolerant purport, which in many cases end up instigating violence. Later, were studied two ways of treating the hate speech by states were presented: negative freedom, used by the United States, and positive freedom, applied by Germany, showing that different states point out different legal solutions to the same problem. Therefore, was analyze which would be the most appropriate form to be applied in Brazil, to avoid the common violence existing in the country as a result of the hate speech. The search was descriptive and explanatory with the analysis of the documents of the Inter-American System of Human Rights and cases judged by Inter-American Corte, and from the comparative method, it was sought to understand the factors that lead two countries to deal in opposite ways with the issue of hate speech.
- Subjects
SAN Jose (Costa Rica); HATE speech; FREEDOM of expression; FORM perception; HUMAN rights; COMPARATIVE method; INTER-American Court of Human Rights; HATE groups
- Publication
Quaestio Iuris (QI), 2019, Vol 12, Issue 2, p113
- ISSN
1807-8389
- Publication type
Article
- DOI
10.12957/rqi.2019.37081