Uma análise rawlsiana dos contornos da liberdade de expressão: breves considerações acerca dos discursos de ódio

Abstract

In the present study we intend to make an analysis of the right of free speech from a rawlsian perspective. In particular we are going to analyze the limits, contours, of this important right in view of the problems that have arisen with the so­called hate speeches. To accomplish this goal we will divide our dissertation into four chapters. In the first chapter we deal with some more general concepts in Rawls giving special focus to the principle that deals with the basic liberties and the maintaining the fair value of political liberties. In the second chapter we explain why, for Rawls, liberty must be fair distributed, emphasizing that for a utilitarian this would not necessarily occur; as well as talk of free speech in general terms and free speech in Rawls, with a focus on the problem of hate speech. In the third chapter we have made a counterpoint in terms of the regulation of intolerant speech in ideal society well­ordered and real societies. And this counterpoint is based on the division between ideal and nonideal theories of justice. Finally, in the fourth and last chapter we have developed a small study of cases in which we deal with misogyny and religious tolerance trying, from the analysis of some more hard cases, to establish more concrete contours our pretension of justification of regulation of hate speech.