A responsabilidade civil e o hate speech: análise hermenêutica à luz dos direitos e garantias fundamentais e da lei 12.965/14 na preservação do Estado democrático de direito

Abstract

The modern digital landscape is shaped by the delicate balance between freedom of expression and intolerance, with legal and social challenges. From this perspective, digital access, driven by social media platforms, is a crucial channel for modern interaction, which despite the benefits, such as the simplification of everyday life, brings with it the hate speech that emerges as, above all, a ethical threat. In view of this, Law 12.965/14 becomes an important tool in civil liability and crucial in the individual protection of the fight against intolerance without obstructing the constitutionally established freedom of expression which, due to the lack of specific legislation on the subject, corresponds to if the risk of this freedom being overvalued and, as a result, impunity prevails. Finally, this work explores how the legal hermeneutics of Law 12.965/14 and civil liability can address the challenges of hate speech in the digital age, in which while aiming for a respectful and inclusive online environment, it also observes challenges in preservation of fundamental rights in the Democratic Rule of Law. Keywords: