FREEDOM OF EXPRESSION ON SOCIAL MEDIA: AN ANALYSIS OF THE LEGAL PARAMETERS FOR DISTINGUISHING BETWEEN LEGITIMATE OPINION AND HATE SPEECH IN THE DIGITAL ENVIRONMENT

Abstract

This article aimed to analyze the legal limits of freedom of expression on social networks, focusing on the distinction between the legitimate exercise of the right to opinion and unlawful manifestations characterized as hate speech and disinformation in the digital environment. Based on the recognition that digital platforms have consolidated themselves as spaces for public debate, the study seeks to understand how the Brazilian legal system has addressed the collision between freedom of expression and personality rights, especially in view of the expanded reach, speed of dissemination, and harmful potential of online expressions. The research adopts a qualitative methodology of a bibliographic and documentary nature, with analysis of specialized legal doctrine, current legislation, institutional guidelines, and case law of the Brazilian Supreme Federal Court from 2018 to 2025. The theoretical framework is grounded in the principle of balancing, applied to the specificities of the digital environment. The results indicate that Brazilian jurisprudence has developed progressively more objective criteria to distinguish legitimate opinions from unlawful speech, considering elements such as context, the sender’s intent, content, potential harm, and public relevance. It is concluded that the systematization of these parameters contributes to legal certainty, the protection of human dignity, and the preservation of democratic debate on social networks.