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Revista Direito GV

On-line version ISSN 2317-6172

Abstract

SILVA, Rosane Leal da; NICHEL, Andressa; MARTINS, Anna Clara Lehmann  and  BORCHARDT, Carlise Kolbe. Hate speech in social networks: Brazilian case law. Rev. direito GV [online]. 2011, vol.7, n.2, pp.445-468. ISSN 2317-6172.  http://dx.doi.org/10.1590/S1808-24322011000200004.

Considering the growing popularization of virtual social networks like Orkut, the easiness to spread harmful content in this media, and the need of law to adapt itself to the demands of the "information age", the present paper aims to elucidate whether and how the Brazilian Judicial System judges cases involving hate speech published in social networks. In order to fulfill this objective, two approaches have been used: one quantitative (systemic gathering of jurisprudential data in the tribunals'sites, having for filter the word "Orkut") and the other, qualitative (analysis of relevant case law). In conclusion, it was verified that the Judiciary in Brazil, although it receives few complaints about intolerant discourses conveyed in virtual network, it is positioned so as to privilege the dignity of people interacting in cyberspace.

Keywords : Hate Speech; Constitutional Rights; Brazilian Judicial System; Social Networks; Internet.

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