Análise crítica do ativismo legislativo como instrumento de combate ao "Hate Specch"

Abstract

The "hate speech", a discriminatory manifestation that incites violence, has legal relevance insofar as it contravenes constitutional principles such as freedom of expression and dignity of the human person, generating legal insecurity and, thus, calling for legal pacification. In this sense, this work investigates the legislative activism, which means to inquire the Legislative Power in an incisive and diligent way in the combat to the hate speech. With the study of a set of laws that safeguard the rights of the social groups most attacked by the "hate speech" (Maria da Penha Law, Crimes of Prejudice Law, Genocide Law, Elderly Statute, Foreign Statute and Statute of People with Disabilities), it was possible to observe a consistent legislative activity in the confrontation with the odious manifestations. However, it has also been found that there are groups that remain unprotected due to lack of legal diplomas to safeguard them, bringing to the discussion homophobia, prejudice based on sexual orientation. It is a research based on literature review of theoretical frameworks, especially based on the expressed texts of law, seeking around an update of the Legislative Power in front of the central theme.