Banca de QUALIFICAÇÃO: FELIPE PEIXOTO DE BRITO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : FELIPE PEIXOTO DE BRITO
DATA : 18/06/2018
HORA: 18:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
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:

The legal issue of hate speech involves a number of factors that go beyond the frontiers of domestic law and highlights a conflict between the principles of freedom of expression and the right to equality and non-discrimination. To explore this problem, given its relation to international human rights law, it is examined the origin and development of human rights and the link with the internal order of sovereign States, that is, fundamental rights. In addition, the systematic-interpretative function of the principle of human dignity in conflicts between rights is highlighted. In this context, the international and Brazilian legal-historical evolution of freedom of expression and the right to equality and non-discrimination are made explicit. After these steps, the applicability of the conflicting principles within the inter-American human rights system, as well as in the legal systems of the United States, Germany and the European Union, is explored. In the end, the discourse of hatred is analyzed from the point of view of the Brazilian legal system and, comparatively, with the international and foreign systems addressed in the course of the work. From the perspective of domestic law, the emblematic Ellwanger case, its history and its legal repercussions, are considered, based on the theory of Robert Alexy's principles. The research is guided by the deductive method, and as to its nature and technical procedures, it is essentially bibliographic, descriptive and documentary. To carry out this research, were used doctrinal works, scientific articles, dissertations, theses, specialized website texts, jurisprudence, besides the special analysis of the Constitution of the Federative Republic of Brazil of 1988, the treaties referring to the subject under study and the legislation in general.

MEMBROS DA BANCA:
Interno - 1693362 - ANA BEATRIZ FERREIRA REBELLO
Interno - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL