Haters e linchamentos virtuais: consequências jurídicas do discurso do ódio no meio virtual

Abstract

This dissertation is based on the discussion about the practice of popular justice in cyberspace through hate speech, and its main focus is investigate how virtual lynching occurs and what the legal consequences are applied to lynchers. Its starting point is the analysis of concepts and positions of scholars on the subject on freedom of expression in the digital age and the existing conflict between this constitutional guarantee and the dignity of the person human. Next, we start with a description of events that occurred in recent years and taken to trial before the Judiciary, to then reflect on the elements present in its configuration. The methodology used in the research used the hypothetical-deductive approach method and the combination between statistical and comparative procedure methods. Furthermore, the justification for the study to integrate the Research Line on Constitutional Jurisdiction and Democracy is based on the incessant search for the guarantee of fundamental rights of both lynchings and victims of the popular trial.