UMA ABORDAGEM COMPARADA ACERCA DO DISCURSO DE óDIO ENTRE BRASIL E ESTADOS UNIDOS

摘要

The purpose of this study is to analyse, through a comparative perspective, the possibility of censorship when evidenced hate speech, problematizing the fundamentals that characterize censorship and the consequent relativization of the expression freedom rights on vexing speechs. For this the relevance of expression freedom rights in Brazilian and American constitutionalism was demonstrated, from the liberal position of the American State, to the counterpart of the Brazilian State in using censorship as a way of propagating the right of equality. The deductive method was applied, starting from a juridical-national and international perspective, for later application of the knowing in concrete cases. Broadly speaking, even if any opinion carries hate, there is not enough basis for censorship, suggesting, a posteriori responsibility, repelling the repression of thought freedom, even if the opinion is intolerant.