PUBLIC POLICIES TO COMBAT HATE SPEECH AND PREVENT LITIGATION

Abstract

In this article, we develop an analysis of hate speech as a legal and social phenomenon, examining the normative foundations—both national and international—that repudiate it, as well as the public policies available for its confrontation and the consequent prevention of litigation. The research is based on the premise that the state response to hate speech cannot be reduced to punitive measures alone, requiring an intersectoral architecture of preventive, educational, and reparative policies. From a methodological standpoint, the study adopts a qualitative approach, based on bibliographic and documentary research, drawing on the analysis of national legislation and international human rights treaties ratified by Brazil, specialized legal scholarship, and relevant case law. The article concludes that effectively addressing hate speech requires the construction of a transversal, continuous, and interministerial State policy, grounded in Human Rights Education and in the regulation of digital platforms.