Banca de DEFESA: FELIPE PEIXOTO DE BRITO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : FELIPE PEIXOTO DE BRITO
DATA : 03/08/2018
HORA: 15:30
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO - Sala 02
TÍTULO:

THE APPLICABILITY OF FREEDOM OF EXPRESSION WITH REGARD TO THE RIGHT TO EQUALITY AND NON-DISCRIMINATION: THE HATE SPEECH UNDER THE PERSPECTIVE OF THE INTERNATIONAL AND BRAZILIAN LAW

PALAVRAS-CHAVES:

Freedom of expression; Equality and non-discrimination; Hate speech; Human dignity.

  

PÁGINAS: 125
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

This academic work analyzes the legal problematic of the hate speech, and highlights a conflict between the principle of freedom of expression and the principle of equality, in its aspect of non-discrimination. That is, the main objective of the research is to explore the relationship between freedom of expression and the right to equality, in its facet of nondiscrimination, considering as a basic framework the principle of human dignity, as far as the hate speech is concerned. International legal systems for the protection of human rights, especially the European and the Inter-American, foreign legal systems and the perspective of implementation in the Brazilian legal system are used as legal parameters for analysis. The North American and the German legal systems are analysed, in view of the significant difference in approach to the problem of hate speech in these two countries. From the perspective of domestic law, it is considered the emblematic Ellwanger case (Habeas Corpus nº 82424, Rio Grande do Sul, judged by the Federal Supreme Court), its history and its legal repercussions, based on the theory of pondering the principles of Robert Alexy. The specific objectives are to examine the historical evolution of freedom of expression, the principle of the dignity of the human person and the right to equality, with emphasis on nondiscrimination in international and Brazilian law; to analyze the treaties, declarations and international acts adopted by the Brazilian legal order, in addition to the constitutional provisions that approach the subject; to examine how international human rights tribunals have applied the right to freedom of expression, as weel as the approach of the national judiciary in relation to the domestic legal system, with emphasis on the Federal Supreme Court; and seek viable ways to maximize the proper realization of freedom of expression in the face of hate speech. The research is based on the hypothetical-deductive method, and as regards its nature and technical procedures, it is essentially bibliographic, descriptive and documentary. Doctrinal works, scientific articles, dissertations, theses, texts of specialized sites, jurisprudence, besides the special analysis of the Constitution of the Federative Republic of Brazil of 1988, of the treaties referring to the subject under study and the legislation in general are used.  

MEMBROS DA BANCA:
Interno - 1758259 - KEITY MARA FERREIRA DE SOUZA E SABOYA
Externo à Instituição - ROSIVALDO TOSCANO DOS SANTOS JUNIOR - ESMARN
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL