Liberdade de Expressão e Discurso do Ódio: um exame sobre as possíveis limitações à liberdade de expressão

In a view to determining the outlines of the Freedom of Speech and to specify its contents, we face hate speech as an offensive and repulsive manifestation, particularly directed to minority groups in contemporary society. Thus, the study sought to promote, in the foreground, a study of the Freedom...

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Bibliographic Details
Main Authors: Sobrado de Freitas, Riva, Castro, Matheus Felipe de
Format: Article
Language:Portuguese
Published: Universidade Federal de Santa Catarina (UFSC) 2013
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=4425696
Source:Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 34, Nº. 66, 2013, pags. 327-355
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Summary: In a view to determining the outlines of the Freedom of Speech and to specify its contents, we face hate speech as an offensive and repulsive manifestation, particularly directed to minority groups in contemporary society. Thus, the study sought to promote, in the foreground, a study of the Freedom of Speech, in the liberal molds. Considered this way, Freedom of Speech will tend to accept hate speech as a legitimate manifestation, albeit at the injury of the victims. On the other hand, when we are dealing with the exhaustion of the liberal paradigm and the affirmation of the Welfare State, we note the recognition by the social state of the asymmetries and commitment to redistributive justice. The Freedom of Speech, warded by welfare state will tend to suffer major restrictions on its self-determination power, rejecting hate speech.