Elections, freedom of expression, hate speech and xenophobia

On October 2, we carried out the biggest exercise of democracy, which the Federal Constitution allows, to be carried out in a free and secret way, where citizens have the right to express themselves, show their combativeness, defend ideas and ideals, through the tool, VOTE!

This subscriber, in his work states that “For the implementation of this mediation we have elections, which arise after the concept of a democratic legal state and are configured as a procedure for determining the representatives of the nation and representation as a way of replacing the collective will”.

Brazil is the most advanced country in the world in terms of counting and voting systems and after a few hours the citizen had knowledge of their new rulers and the success or otherwise of the party’s ideology, however, as with any segment that gives rise to dispute, anger is at a high level, but unlike a football match, voting and elections determine the future of the country.

After counting, we got a result of 48.3% of valid votes for one candidate and 43.20% of votes for the other candidate, which shows the division between regions.

Social networks are currently the biggest driver of freedom of expression and political activity, and after the announcement of the results of the 1st round of majority elections for the president, they were blown up by militants, with completely insulting, discriminatory and segregationist messages in their faces. other brothers. the Brazilian state, in complete disagreement with the democratic rule of law.

Freedom of expression is guaranteed by the Federal Constitution in Art. 5, LV, which ensures free thought, but in a counterpoint system, ensures in point V the right to a response proportionate to the complaint, as well as compensation for damage or images, and also provides as a fundamental guarantee in point X, the inviolability of private life, intimacy, time and images .

From this perspective, in the face of serious facts that catch the eye on social networks and in physical phenomena, every act has a limit, in addition to the above-described constitutional guarantees, relative and not absolute, and responsibility, in addition to civil. sphere, when there is a violation of a legal right, it leads to punitive damages.

Law 7,716 of January 5, 1989 defines crimes resulting from prejudices about race or skin color, providing the following:

Art. 20. Practicing, causing or encouraging discrimination or prejudice based on race, color, ethnicity, religion or national origin.

Punishment: imprisonment from one to three years and a fine.

This article disciplines xenophobia, which is nothing but repulsion, enmity or hatred towards people, through manifestation, however, any injuries to a person are characterized by crimes against honor, as prescribed by the Penal Code:

Art. 140 – To hurt someone, to hurt their dignity or decency:

Punishment – detention, from one to six months, or a fine.

§ 3 If the injury consists of the use of elements related to the race, color, ethnicity, religion, origin or condition of an elderly or disabled person: (Text according to Law 10.741 from 2003)

Punishment – imprisonment from one to three years and a fine. (Incorporated by Law 9,459 of 1997)

Many cases are conducted via the world wide web, and with social and technological development, criminal legislation has adapted in terms of punishment dosimetry, providing:

Art. 141 – The penalties imposed in this chapter are increased by one third, if one of the following crimes is committed:

§ 2 If the criminal offense is committed or discovered in any form of social networks of the World Wide Web, the penalty is tripled. (Incorporated by Law 13,964 of 2019)

Characterized by the authorship and materiality of a criminal type, an act of qualified injury propagated by the world wide web, social networks on the Internet, can generate a sentence of up to 9 years in prison, with the fact that this sentence is higher than the minimum. provided punishment for the crime of simple murder.

Thus, “freedom of expression”, endowed with a discriminatory character, characterizes the crime and the legal interest protected by the criminal type, are “race, skin color, ethnicity, religion or national origin”, we live in a country of plurality, ideals and ideas must be respected, voting and political militancy too, but disobedience in the present context is a crime.

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