Discursos de ódio e colonialidade: uma análise dos parâmetros interpretativos do Supremo Tribunal Federal - STF

Abstract

This research seeks to identify the interpretative standards for the phenomenon of hate speech and its compatibility with the colonial reading of speech in the decisions handed down by the Federal Supreme Court (STF). Extremist situations in today's society reflect the need to use different identification criteria, such as race, nationality, religiosity and sexual orientation, in order to discriminate and urge violence against reputed inferior groups, mostly expressed in speeches considered to be hateful. These discourses are made possible on the internet, in public places or in public and private institutions. The proliferation of hate speech results in conflicts, some of which have already been decided by the Brazilian Constitutional Court. This thesis seeks to identify how the STF has made its decisions on hate speech. The research is guided by content analysis, which constitutes a set of methodological instruments applicable to extremely diverse discourses. It is also based on the jurisprudential search carried out on the website of the Brazilian Federal Supreme Court, in the period between 1988 and 2020, with the research arguments: “discurso de ódio” and “hate speech”. After identifying the results, the judgments and their reasons are analyzed. Content analysis and extracting excerpts from judgments allow verifying the performance of colonial discourse indicators in the hidden messages of texts, which proves the understanding of the concept of hate speech and its compatibility with the colonial reading of discourse. It is concluded that the Federal Supreme Court's reading of hate speeches is compatible with the way in which postcolonialism understands colonialism, whose dynamics dominate from inferiorizing speeches.