The Right to Expression Freedom and Hate Speech: The Liberal Paradigm Dissolution Regarding the Right to Liberty and the Legal Treatment of Hate Speech

Abstract

The individual protection freedoms starts from the Liberal Revolutions, presenting as a limitation of State action on individuals. Later, with the welfare state, contemplating guarantees to social groups, representing the need for far beyond the bourgeois interests, also covering the social rights protection. At this point, the fundamental rights must be observed by both the state and by private individuals to each other, since the right of freedom exercise can not hurt the fundamental principles and values, nor generate harm to others or the community. Expression freedom is presented as not absolute assurance, because must be analyzed considering the system of fundamental rights such as right to privacy and honor, seal odious discrimination, and others. In this area, lies the debate about expression freedom and hate speech. To this end, we propose the dissolution of the liberal paradigm of the fundamental right freedom, highlighting freedom of expression according to the North American and Brazilian vision, and perform comments to the balance between fundamental rights in apparent collision as a solution found by the national legal order to handle the case.