REGULATION OF DIGITAL PLATFORMS IN BRAZIL: DEMOCRATIC LIMITS BETWEEN FREEDOM OF EXPRESSION AND PROTECTION OF PUBLIC DEBATE

Abstract

This article analyzes the democratic limits in the regulation of digital platforms in Brazil, considering hate speech in the digital environment, especially due to the intensive use of social networks, artificial intelligence, and Big Data. Although freedom of expression is one of the fundamental pillars of the Democratic Rule of Law, it is not absolute, finding limits when it violates human dignity and encourages discrimination and violence, especially against vulnerable groups. In this context, hate speech is understood as an illegitimate manifestation, not constitutionally protected. The study examines the evolution of the regulation of digital platforms in Brazil, highlighting the Marco Civil da Internet (Brazilian Internet Bill of Rights) and the recent position of the Supreme Federal Court that expanded the civil liability of these companies. Finally, it discusses the democratic limits of regulation, defending the need for a normative model that balances the protection of fundamental rights, freedom of expression, and the preservation of public debate, without resorting to censorship or authoritarianism.