Immigrants in Brazil - Speeches of Hate and Xenophobia in the Information Society: How to Assign Function Social a Internet?

• Main Authors: Elany Almeida de Souza, Júlia Marques de Rebelato
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2015-12-01
• Series: Revista de Direito, Governança e Novas Tecnologias
• Subjects: Imigrantes, Discursos de ódio, xenofobia, Sociedade da informação, Função social, Internet
• Online Access: http://www.indexlaw.org/index.php/revistadgnt/article/view/48

Social relations in the context of the information society have ridges where some users of the World Wide Web disregard complexities and specifics of interpersonal relationships, making the Internet an end in itself or a means to practice rights violations, consisting of one real paradox between the sovereignty of x sovereignty of the subject object. The reality of human mobility is in the Information Society also a challenge, transcend imaginary boundaries and tear down pre-conceptual walls in order to instigate a reflection on the social function of the internet as well as the possibility of a networked society that expands rights and not mitigate. The discussion proposed here draws attention to the wide spread of hate speech published on the internet against immigrants in Brazil and the limits of freedom of expression. Keeping in view the phenomena arising from the information society, especially in that concern the disclosure rights violators content in its scope, it is necessary that the internet is also tool promoter of fundamental rights. In order to meet this goal, research was used the monographic method, by means of bibliographic and documentary research, making use of representative emblematic cases of the building structure of hate speech toward immigrants and the factors that influenced him, to the end find that although there is legal provision (Article 20 of Law 7.716 / 89) to punish that to practice, induce or incite discrimination or prejudice based on race, color, ethnicity, religion or national origin, further aggravating the penalty if the crime is committed through media such as the Internet, the criminal type in reference has not been sufficient to inhibit the hate speech on the World Wide Web, which shows that in the information society still hangs a feeling that its scope is Law rise to. The Brazilian legal system is still walking at a slow pace on the network speed and has struggled in its possession to the limits of free speech and discriminatory and xenophobic practices, suggesting a real face on the social role of the internet as a way to restrain and inhibit odious manifestations.