FREEDOM OF EXPRESSION VERSUS HATE SPEECH ON SOCIAL MEDIA: REGULATORY CHALLENGES AND THE JURISPRUDENCE OF THE SUPREME FEDERAL COURT IN THE BRAZILIAN CONTEXT

Abstract

This article examines the constitutional tension between freedom of expression and hate speech on social media within the Brazilian legal context, with emphasis on regulatory challenges and the jurisprudence of the Federal Supreme Court (Supremo Tribunal Federal – STF) from 2018 to 2025. Through bibliographic and documentary research, the study analyzes the historical evolution of freedom of expression under the 1988 constitutional order, the transformations of the public sphere brought about by digital platforms, hate speech as a contemporary legal phenomenon, and the limitations of the Brazilian Internet Civil Rights Framework (Marco Civil da Internet) in the face of new digital realities. Paradigmatic STF decisions are examined, including Habeas Corpus No. 82.424-2/RS and the Fake News Inquiry, and the North American and European regulatory models are comparatively assessed. The study concludes that the Brazilian legal order, guided by human dignity as a foundational principle, tends toward an intermediate position between these models, requiring the construction of a democratic regulatory framework capable of reconciling the protection of freedom of expression with effective action against hate speech.