HATE SPEECH ON SOCIAL NETWORKS, LIMITS TO FREEDOM OF EXPRESSION AND THE INFLUENCE OF JUDICIAL PRECEDENTS IN BRAZIL

Abstract

This article discusses hate speech, whichis a phenomen on that occurs through discriminatory and violent manifestations that go beyond mere opinion, its harm ful potential in the current information society, mainly through social networks, as well as about the role of judicial precedents in the definition ofhypothesesto restrict freedom of expression, a fundamental right of extreme importance in a Democratic State Ruledby Law, such as Brazil. In order to de epen the theme, a bibliographic study was used in this work and the deductive reasoning method of analysis was applied. It was concluded that there are manifestations that will be considered illegal acts and they will giverise to civil reparation of the damages caused by them, other ones will be framed in criminal types, criminally punishable, therefore, for each harm that involves expression ofth ought, we must analyze its context, serious ness and if there is corresponding legal support for each case. In the context of hate speech, according to the jurisprudential understanding, freedom of expression may suffer restrictions, they are justified when exercised in an abusive manner and in violation of other fundamental rights, such as human dignity, how ever, only exceptionally. From the analysis of the present dispute, as wellas of the judgments presented, it was verified the importance of there as on ing of decisions, based on the definition of criteria in the constitution of the “ratio decidendi”, because they will influence as judicial precedents for application in similar cases and, in this sense,it was realized that understanding the fundamentals that have determined he paradigm decision is essential for the legal security and con-servation of legal dictates that are understood by the Brazilian legalsystem.