Liberdade de expressão e discurso de ódio do artigo 19 da Lei n. 12.965/2014 (Marco Civil da Internet)

Abstract

The objective of this article is to analyze hate speech as a limiting factor to freedom of expression and the evident (un)constitutionality of Article 19 of Law No. 12,965/2014, known as the Brazilian Civil Rights Framework for the Internet, in regard to the civil liability of application providers. To this end, we will examine the relationship between freedom of expression and fundamental rights, the conflict between these rights and their connection with technology, as well as the use of such technology in the spread of hate speech. Furthermore, the article will address issues related to Article 19 of Law No. 12,965/2014, particularly concerning the requirement of a specific court order for the removal of offensive or even unlawful content from the internet. The research methodology will involve the analysis of various works related to the themes of freedom of expression and hate speech.