Democracia e o discurso de ódio: uma análise da violência contra mulheres, negros e comunidade LGBTQIA+ no cenário político brasileiro (2013 – 2018)

Abstract

The present dissertation has as its object of study the constitutional treatment given to freedom of expression when it is characterized as hate speech in the political scenario. The proposed objective was to analyze the treatment given by the Federal Supreme Court in the face of hate speech, given by the then Federal Deputy Jair Messias Bolsonaro, against minorities within the political environment. As for the specific objectives, they seek to analyze the faces of democracy as well as its crisis in the global and local context; understand the right to freedom of expression and its limits expressed in the Federal Constitution of 1988; identify the issue of hate speech and its concepts; and to analyze the possible cases of hate speech uttered by Jair Bolsonaro and that reached the Federal Supreme Court. The methodological path taken for the construction of this work is based on qualitative research and is developed through bibliographic and documentary research, focusing on the analysis of Survey 3,706 DF of 2013, Survey 3,932 DF of 2014, Petition 5,243 DF of 2014 and the Inquiry 4,694 DF of 2018. Among the main results of this research, there is that freedom of expression is not presented as an absolute principle and that the Brazilian legal system understands that hate speech is not characterized as freedom of expression. However, when the subject is focused on the political context, the parameters for limiting freedom of expression are not well defined, with material parliamentary immunity being a guarantee triggered in cases of hateful speeches by parliamentarians.