A COLISÃO DE DIREITOS FUNDAMENTAIS E A TÉCNICA DA PONDERAÇÃO

LIMITES À LIBERDADE DE EXPRESSÃO EM RAZÃO DO HATE SPEECH: UMA REVISÃO DE LITERATURA

Abstract

This article aims to analyze the fundamental right to freedom of expression and the possibility of limiting the practice of hate speech. Thus, a study is carried out on the conceptualization of freedom of expression until the judgment by the Federal Supreme Court of habeas corpus nº 82424-2, which represented significantly in the protection of humanity to the detriment of discriminatory speeches. In this regard, the problem of this article concerns the possibility of limiting the right to freedom of expression and whether this right is absolute, given that the Federal Constitution has placed it as incensible. For that, the methodology used was the review of the literature related to the theme, through the reading of consecrated works, as well as the analysis of several scientific articles, current legislation, jurisprudential analysis mainly about the case study of the aforementioned habeas corpus.