A banalidade do mal entre o direito e a internet: o discurso de ódio a partir de uma releitura arendtiana nas redes de relacionamento social

Abstract

The international community is still witnessing a sharp debate involving the internet, social networks and hate speech. This phenomenon, although recent, is acting as an amplifying tool of countless violations of human dignity and, in particular, regarding the derivative rights of the personality. In this scenario, legal science is questioned about its real contribution in this process in which answers to the numerous and continuous problems that are increasingly frequent are sought. The legal bias of the subject reflects on the limits and applicability of national laws and rules of international law in the virtual environment. In this way, the problem of the study is found in the fact that the legal system, although it reached its desideratum in the 20th century. XX, does not prove to be more adequate in terms of protecting the dignity of the human person in the face of this new phenomenon that involves existing relationship networks on the internet. This will be demonstrated even through representative cases of the aforementioned conflict. The theoretical bases of the research are human dignity, hate speech, the banalization of evil and the transnationality of internet relations. As for the methodology used, the study was classified in terms of ends and means. As for the purposes, the research will be descriptive and the method will be deductive. Descriptive because it aims to present and examine the central concepts from the perspective of the phenomenon presented and deductive method because the research is carried out through bibliographic and documentary study and starts from the observation of a general fact to explain the particular characteristics of an individual object. Regarding the research approach, it will be qualitative, based on the analysis of the investigated arguments and identification of the results according to the valuation of the collected data. In turn, the theoretical framework chosen will be the present of the 21st century - a period in which debates, albeit embryonic, on the subject begin. The main manifestations on the protection of human dignity within the scope of Brazilian and Private International Law will be considered, in addition to considering the recent philosophical and legal debates on the influence of social networks in the expansion of aggressions to the rights of the personality related to religion, culture, politics, gender and ethnicity. The work was done due to the acuity of the theme. It is a current matter and of paramount importance for the enrichment of discussions on the subject. Thus, initially the banality of evil in the digital society is addressed, being treated the banalization of evil and the dignity of the human person in the digital society under the legal-philosophical approach. The third chapter deals with the banalization of evil through digital social networks as a phenomenon, per se. Finally, even if the intention is not to exhaust the possibilities of the theme, the research, when raising this proposal of analysis on the hateful speech, can offer subsidies of analysis to other researchers who intend to deepen the subject.