O STF entre o dever de coerência e integridade da jurisdição sobre os limites da liberdade de expressão: notas críticas sobre o discurso do ódio entre a norma posta e equívocos à luz do art. 926, CPC

Abstract

Objective: This research aims to analyze in the light of article 926 of the CPC and article 20 of Law n. 7.716/89 the duty of consistency and stability of the jurisdiction with regard to the definition of hate speech in Brazilian democracy. Methodology: The research is structured through the dialectical deductive approach of legal provisions, bibliography and jurisprudence, having as research field the analysis of the content of the following judgments, selected in the cut of the specific objectives and keywords, pronounced by the Federal Supreme Court (STF): RHC n. 82.424/RS (2003), RHC n. 134.682/BA (2016), RHC n. 146.303/RJ (2018) and Inq. n. 4694 (2018). Result: The STF did not clearly establish the limits of the exercise of hate speech and the subsequent decisions to the Ellwanger Case demonstrate that the jurisprudence, around the matter, is unstable and contradictory. Therefore, not only is the exercise of institutional duties of respect for the coherence, integrity and stability of the constitutional jurisdiction compromised, but it also causes social risks of intolerance towards vulnerable groups. Contribution: The research brings as a contribution the identification and critical analysis of four distinct and incompatible criteria that define hate speech in the legal system of the country, since the conceptual inconsistency around the right to freedom to freely express one's thoughts causes undue interference with the good development of society. democracy.