A criminalização do discurso de ódio homofóbico no Brasil

Abstract

This dissertation examines the discriminatory practices of homophobic hate speeches, with the substance of the analysis of the demands for the criminalization of such acts. It seeks to assess the extent to which the criminalization thereof affects the mechanics of normalizing discourse in contemporary societies. It is proposed to part with the classical dichotomy between hate speech and frees peech, since this simple and superficial consideration is not able to prevent hate speech from circulating in discriminately. Given that the mechanics of hate speech violence eventually derail individuals belonging to non­hegemonic portions of society from accessing the political arena, and that therefore public affirmative actions do not always ensure that they are able to access those areas from which they were historically segregated, Criminal Law is called to act as a tool to enable the emergence of non-hegemonic discourses, as a mechanism that opposes the normalization processes. Hate speech is not understood here as mere disagreement of opinion or negative perception in the face of socially inferior groups or individuals, but as practices that seek to harm individuals in the enjoyment and exercise of rights.