Liberdade de expressão, humor e discurso de ódio nas redes sociais: limites jurídicos e análise de casos no Brasil

Abstract

The ethical and legal limits of freedom of expression, humor, and hate speech on social media in Brazil are investigated, with a focus on current legislation and relevant jurisprudence. The research explores the importance of freedom of speech as a constitutional right guaranteed by the 1988 Federal Constitution, highlighting its role in promoting democratic debate and diversity of ideas. It analyzes, in equal manner, how the use of humor can be distorted, crossing legal boundaries and constituting hate speech, especially in the digital environment. By examining legal theories on the limits of freedom of speech, the study presents concepts such as the harm principle, hate speech, and the balance between protecting human dignity and individual freedom. Concrete Brazilian jurisprudence is analyzed, showing the judiciary's difficulty in balancing the protection of fundamental rights with the preservation of freedom of speech, particularly when humor is used offensively. The work also highlights the role of social media and their content moderation policies, considering the speed at which offensive content spreads, and the existing gaps in Brazilian law. Finally, the research proposes the need for a more robust approach to ensuring that the digital environment is safe and inclusive without violating fundamental rights, contributing to the improvement of public and legal policies on the subject. The methodology used is bibliographic research through the analysis of books, legal articles, document research, legislation, and jurisprudence. The research is pure and qualitative in nature, with a descriptive and exploratory purpose.