CONFLICT BETWEEN FREEDOM OF EXPRESSION AND HATE SPEECH AGAINST VULNERABLE GROUPS IN BRAZIL

Abstract

Freedom of expression is recognised as one of the fundamental pillars of democracy, enshrined both as a constitutional guarantee and as a fundamental right. The Brazilian Federal Constitution of 1988, in Article 5, item IX, secures the right of individuals to express themselves without suffering retaliation or censorship. Nonetheless, individuals exercising this right bear the responsibility to act with due awareness, as its abuse may constitute a form of violence. Hate speech, frequently cloaked under the pretext of freedom of opinion, constitutes a form of violence that directly targets individuals or specific groups. This study examines vulnerable groups
in Brazil and the various forms of discrimination and prejudice that, although often hielded by the discourse of freedom of expression, in fact embody hate speech. Since no fundamental right is absolute, it becomes imperative to analyse freedom of
expression through the lens of constitutional principles, particularly with regard to human dignity, equality, and non-discrimination.