The jurisdictional response of the brazilian Federal Regional Courts to hate speech on the internet: protection or violation of fundamental rights of vulnerable groups?

Abstract

This study aimed to analyse the responses of the Federal Regional Courts (TRFs) of Brazil to cases involving hate speech, thus questioning the approach to the conceptualization and legal nature of such practices as well as whether the decisions made show any concern in regard to their propagation on the internet. To address this research problem, both qualitative and quantitative research methods were used as a means to investigate the decisions published on the websites of the aforementioned Courts through the keywords “hate speech” and “internet”. The search was carried out without either temporal markers or procedural aspects being considered. The method of procedure adopted was the monographic one, with a focus on the cases shown in the judicial decisions. As a research technique, a documental analysis of the empirical material found was used, which was contrasted with the definitions of hate speech and the role of the internet as a channel of diffusion. A large number of occurrences were identified in the TRF-4, particularly related to violence against indigenous people, which was the theme chosen for a qualitative analysis. Therefore, it was concluded that the legal nature of this form of violence still lacks a more consistent confrontation by many judges, which undermines the protection of the fundamental rights of members of the affected group. Vulnerability worsens with the spread of violence through the internet, although such a variable was not taken into consideration in the investigated cases.