Abstract

KLEIN, Lara Carrera Arrabal; GADELHA, Graziella Maria Deprá Bittencourt  and  COURA, Alexandre de Castro. BRAZILIAN DEMOCRATIC CRISIS AND DYSFUNCTIONALITY OF THE RIGHT TO FREEDOM OF EXPRESSION: CRITICISM OF HATE SPEECH UNDER THE BIAS OF HABERMASIAN LEGAL SPEECH THEORY. Revista Internacional CONSINTER de Direito [online]. 2022, n.14, pp.79-93.  Epub Aug 26, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00014.02.

This article aimed to critically and dogmatically understand Democracy in Brazil, its successes and failures, under the epistemological framework of the right to freedom of expression in confrontation with hate speech. Are there limits to freedom of expression? It started with the hypothesis that hate speech in Brazil can reach a superlative dimension, capable of subjugating a democracy so hard won and still pending progress, such as the movement of oppression of minority groups. From a Habermasian perspective, it was proposed to elucidate the role of technology as a way of conveying information, as an instrument for individuals' expression and its influence on decisions made by people. As for the result achieved, freedom of expression, through hate speech, can lead to instability in the democratic order. Within the line of research related to the fundamental right to freedom of expression, citizenship and democracy, the article was developed from the deductive and inductive approach and procedure of bibliographic, documental and case studies review. The theme was relevant, since the extension of freedom, in addition to having repercussions in the individual sphere of each citizen, their form of expression and communication, is of collective interest, as it affects the contours of the exercise of democracy, as it also matters to the operators of law, for the purpose of investigating whether the manifestation put up for discussion in the judicial litigation stems from the fundamental right of freedom of expression or if it goes beyond constitutional limits.

Keywords : Democracy; Freedoms; Hate speech; Legal Discourse Theory..

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