Partidismo, discursos de ódio e liberdade de expressão

Abstract

Freedom of expression is a fundamental right consolidated in the legal systems ofdemocratic states committed to rule of law. Not for this reason, however, it can besaid that the unlimited application of this fundamental right is, or should be,consolidated. Indeed, several are the recently reported cases in which free speech isbeing used in a questionable way, as a basis for the propagation of racist,xenophobic, misogynist, homophobic discourses. In a general context, to thesediscourses have been attributed to the name of hate speech - those discoursesuttered reluctantly in the face of a certain group of individuals, with the aim ofdefaming it by virtue of aspects such as religion, nationality, skin color, gender orsexuality, and that, with this, tend to impede the process of self-determination ofthese individuals as subjects of law in a given society. A discourse that, although littlestudied and discussed, has proved quite recurrent both internationally and nationally,is the discourse founded on partyism, a kind of prejudice specifically related topolitical-party option. At the national level, discourses based on partyism are in vogueand gained extra breath in the context of the impeachment trial of Dilma Rousseffand the electoral campaigns of 2014 and 2018, wherein were observed even acts ofphysical violence related to the political position. Given this context, the present workis dedicated to analyzing the possibility of developing a new conception of hatespeech to cover, in addition to discourses based on prejudice based on skin color,origin, religion, gender and sexuality, hate speeches based on partyism. From thisconstruction, the thesis begins to evaluate the circumstances in which hate speechbased on partyism can and should be limited, as well as presenting a political andmoral justification of legislation that establishes such a limitation, in order to prevent itimply a kind of censorship .