LIBERDADE DE EXPRESSÃO VERSUS DISCURSO DE ÓDIO: LIMITES CONSTITUCIONAIS. FREEDOM OF EXPRESSION VERSUS HATE SPEECH: CONSTITUTIONAL LIMITS. LIBERTAD DE EXPRESIÓN VERSUS DISCURSO DE ODIO: LÍMITES CONSTITUCIONALES.

In a democratic state governed by the rule of law, three fundamental rights are essential for the growth of human life: life, liberty, and property. This article will examine freedom of expression and hate speech, as well as constitutional limits. Freedom of expression, an essential pillar of democracy, is guaranteed by the 1988 Federal Constitution, specifically in Articles 5 and 220 of that same law. It is worth emphasizing that this right is absolute and does not tolerate restrictions or censorship. The exercise of this right is limited by other fundamental rights, such as human dignity, honor, privacy, and private life. This conflict increases when discourses are confronted with hate speech. Hate speech should not be confused with the free expression of thought, as its objective is to disseminate, incite, or justify intolerance, hostility, and violence against individuals or minority groups, based on identity characteristics such as race, ethnicity, religion, national origin, sexual orientation, or gender identity. However, hate speech represents an abuse of the right to freedom of expression, violating the law and constitutional order. In short, freedom of expression must be exercised responsibly and with mutual respect. Combating hate speech does not seek to silence diversity of opinion, but rather to prevent intolerance and discrimination from masquerading as free expression, ensuring the protection and dignity of all citizens within the democratic rule of law.