RACISMO RECREATIVO: ANÁLISE DOS LIMITES ENTRE A LIBERDADE DE EXPRESSÃO E O DISCURSO DE ÓDIO

Abstract

This study examines the boundaries between freedom of expression and hate speech in the context of "recreational racism," considering the principles of human rights and the implications of criminal law. The phenomenon involves racist expressions disguised as humor or entertainment, potentially constituting hate crimes. The research is justified by the need to delineate these boundaries, aiming to protect the rights of victims and hold perpetrators accountable. The objective is to investigate the characteristics and consequences of recreational racism, as well as its legal and penal implications. The methodology includes literature review and jurisprudential and case analysis. It is concluded that, although freedom of expression is a fundamental right, its protection cannot tolerate discriminatory practices. The research contributes to legal understanding of freedom of expression and hate speech, informing public policies and legislative improvement.