ALÉM DA TELA: Discurso de ódio nas redes sociais

Abstract

The present work had as its theme the hate speech on social networks. Its objective was to analyze the eventual collision between fundamental rights, such as the dignity of the human person and the free manifestation of thought. Initially, the content of fundamental rights, their context and jus-philosophical substratum, was analyzed. Next, the horizontal effectiveness of fundamental rights was analyzed as legal elements required between individuals. Fundamental rights and their limitation in the light of the principle of proportionality have also been studied. Then, it took care of the delimitation of the content of the dignity of the human person and the principle of free manifestation of thought. Finally, the scope of the eventual collision identified and the ways to resolve the conflict were analyzed. It has also been studied how comparative law has dealt with the conflict between the principle of dignity and the free manifestation of thought. It was used as research method the inductive, consistent in the bibliographic survey of scientific articles and relevant legal literature. The issue of the possibility of reconciling the right to free expression of thought with the principle of human dignity, it has been found that the application of the principle of proportionality in harmony with the horizontal effectiveness of fundamental rights, attracts the peaceful coexistence of human rights. two fundamental rights put into apparent conflict.