BOUNDARIES BETWEEN FREEDOM OF EXPRESSION AND HATE SPEECH ON SOCIAL MEDIA IN LIGHT OF CRIMINAL LAW

Abstract

This study analyzes the boundaries between freedom of expression and hate speech on social media under Brazilian Criminal Law in comparison with International Law. In a social context marked by a significant increase in online hate crimes, which exceeded 87,000 cases in Brazil in 2025 alone, it seeks to understand to what extent the State can act repressively without violating fundamental constitutional guarantees. The research is based on a bibliographical and jurisprudential review, examining relevant milestones such as ADPF 187 and Theme 533 of the Brazilian Supreme Court, as well as the axioms of Penal Guaranteeism. The study discusses the role and responsibility of digital platforms in preventing and removing illicit content, especially in light of the growth of extremist discourse driven by anonymity and the rapid circulation of information. Thus, it intends to contribute to the debate concerning the need for balanced State action, through strict typicality capable of protecting the democratic environment and fundamental rights without unduly restricting freedom of expression.