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55-648: Article 108 of the Brazilian Constitution defines the jurisdiction of the Federal Regional Courts. They have a varied composition, but the number of judges is defined by law. One fifth are chosen by lawyers with 10 years experience or more, as well as by members of the Public Prosecutor's Office , also known as the "Federal Public Ministry" ( Ministério Público Federal ) with ten years experience or more. The rest of

110-698: A citizen or member of society in good standing". A key legal victory for this view came in 1952 when group libel law was affirmed by the United States Supreme Court in Beauharnais v. Illinois . However, the group libel approach lost ground due to a rise in support for individual rights within civil rights movements during the 60s. Critiques of group defamation laws are not limited to defenders of individual rights. Some legal theorists, such as critical race theorist Richard Delgado, support legal limits on hate speech, but claim that defamation

165-469: A critic of hate speech theory, has argued that it "assumes bad faith on the part of people regardless of their stated intentions" and that it "obliterates the ethical responsibility of the individual". Rebecca Ruth Gould , a professor of Islamic and Comparative Literature at the University of Birmingham , argues that laws against hate speech constitute viewpoint discrimination (which is prohibited by

220-556: A direct action of unconstitutionality against the creation of new courts; The former president of the Supreme Federal Court , Minister Joaquim Barbosa , suspended the constitutional amendment until the fore-mentioned direct action is judged. The new tribunals, whose installations have been suspended by the Supreme Federal Court, are planned as: STJ TSE TST STM This article relating to

275-528: A group on account of a group characteristic such as race, color, national origin, sex, disability, religion, or sexual orientation". There is no single definition of what constitutes "hate" or "disparagement". Legal definitions of hate speech vary from country to country. There has been much debate over freedom of speech , hate speech, and hate speech legislation. The laws of some countries describe hate speech as speech, gestures, conduct, writing, or displays that incite violence or prejudicial actions against

330-557: A group or individuals on the basis of their membership in the group, or that disparage or intimidate a group or individuals on the basis of their membership in the group. The law may identify protected groups based on certain characteristics. In some countries, including the United States , what is usually labelled "hate speech" is constitutionally protected. In some other countries, a victim of hate speech may seek redress under civil law , criminal law , or both. Hate speech

385-448: A high degree of psychopathy is "a significant predictor" for involvement in online hate activity, while none of the other 7 potential factors examined were found to have a statistically significant predictive power. Political philosopher Jeffrey W. Howard considers the popular framing of hate speech as "free speech vs. other political values" as a mischaracterization. He refers to this as the "balancing model", and says it seeks to weigh

440-429: A lawyer". Roberto Campos , economist, ex-senator and Minister of Planning of Brazil in the early years of the military dictatorship noted that "The OAB has achieved the feat of being mentioned three times in what he defines as the "besteirol Constitution" of 1988. According to him, "it's perhaps the only case in the world where a club of professionals has enshrined the constitutional text." The Constitution of Brazil

495-511: A persistent problem online. According to a 2021 study by the Anti Defamation League 33% of Americans were the target of identity based harassment in the preceding year, a statistic which has not noticeably shifted downwards despite increasing self regulation by companies. Several activists and scholars have criticized the practice of limiting hate speech. Kim Holmes , Vice President of the conservative Heritage Foundation and

550-546: A reserved percentage of jobs in public service and large companies, and Afro-Brazilians to seek reparation for racism in court. Breaking with the authoritarian logic of the previous Constitution, it made unbailable crimes those of torture and of actions directed against the democratic state and the constitutional order , thus creating constitutional devices to block coups d'état of any kind. The Constitution also established many forms of direct popular participation besides regular voting, such as plebiscite, referendum and

605-617: A slow judicial system. Brazil has the 30th slowest judiciary among 133 countries, according to the World Bank . This has caused the judiciary to use provisional arrests as an advance of the sentence. In 2015 more than 40% of prisoners in Brazil were provisional. A World Bank study criticized the 1988 Federal Constitution for extending the privileges of civil servants, aggravating income inequality in Brazil. Remuneration and retirement are disproportionately high according to studies. In 2015,

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660-518: A uniformization of jurisdictional activity and forensic service. They are each run by a regional director, with a possible vice-director. The Brazilian Federal Justice system is divided nationally into six geographically defined regions, each served by an appellate court: The creation of four new courts was approved by Congress by Constitutional Amendment number 73/2013. However, the National Association of Federal Prosecutors proposed

715-588: Is a term with varied meaning and has no single, consistent definition. It is defined by the Cambridge Dictionary as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". The Encyclopedia of the American Constitution states that hate speech is "usually thought to include communications of animosity or disparagement of an individual or

770-547: Is composed of nine titles, subsequently divided into chapters and then articles. The articles are in turn divided into short clauses called incisos (indicated by Roman numerals ) and parágrafos (indicated by numbers followed by §). The Constitution refers to the country as "the Union". The preamble to the Federal Constitution is a brief introductory statement that sets out the guiding purpose and principles of

825-526: Is criticized by some. Some criticize an alleged excessive power granted to the Order of Attorneys of Brazil by the Constitution. Brazilian philosopher and journalist Hélio Schwartsman considers that the 1988 Constitution conferred "disproportionate powers" on lawyers such as "appointing judges, writing laws, proposing direct actions of unconstitutionality, defining who can and who cannot become

880-534: Is generally accepted to be one of the prerequisites for mass atrocities such as genocide . Incitement to genocide is an extreme form of hate speech, and has been prosecuted in international courts such as the International Criminal Tribunal for Rwanda . Starting in the 1940s and 50s, various American civil rights groups responded to the atrocities of World War II by advocating for restrictions on hateful speech targeting groups on

935-440: Is reminiscent of efforts by totalitarian regimes to control the thoughts of their citizens. Civil libertarians say that hate speech laws have been used, in both developing and developed nations, to persecute minority viewpoints and critics of the government. Former ACLU president Nadine Strossen says that, while efforts to censor hate speech have the goal of protecting the most vulnerable, they are ineffective and may have

990-489: Is the seventh enacted since the country's independence in 1822, and the sixth since the proclamation of the republic in 1889. It was promulgated on 5 October 1988, after a two-year process in which it was written from scratch. The current Constitution of Brazil was drafted as a reaction to the period of military dictatorship , and sought to guarantee individual rights and restrict the state's ability to limit freedom, to punish offences and to regulate individual life. Among

1045-414: Is too narrow a category to fully counter hate speech. Ultimately, Delgado advocates a legal strategy that would establish a specific section of tort law for responding to racist insults, citing the difficulty of receiving redress under the existing legal system. After World War II, Germany criminalized Volksverhetzung ("incitement of popular hatred") to prevent resurgence of Nazism . Hate speech on

1100-777: The Executive , the Legislative and the Judiciary , and lists the nation's main goals. One of the most important excerpts from this title is in Article 1, single paragraph, stating: All power emanates from the People, who exercise it through elected representatives or directly, under this Constitution. Title 2 states the Fundamental Safeguards. It ensures basic rights to all citizens and foreigners residing in

1155-611: The First Amendment in the United States) as the legal system punishes some viewpoints but not others. Other scholars, such as Gideon Elford, argue instead that "insofar as hate speech regulation targets the consequences of speech that are contingently connected with the substance of what is expressed then it is viewpoint discriminatory in only an indirect sense." John Bennett argues that restricting hate speech relies on questionable conceptual and empirical foundations and

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1210-858: The United Nations Human Rights Committee have been protecting freedom of expression, and one of the most fundamental documents is the Universal Declaration of Human Rights (UDHR) drafted by the U.N. General Assembly in 1948. Article 19 of the UDHR states that "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." While there are fundamental laws in place designed to protect freedom of expression, there are also multiple international laws that expand on

1265-546: The autocratic 1967 constitution capping 21 years of military dictatorship and establishing Brazil's 6th republic, also known as the New Republic (Nova República). Made in the light of the Brazilian transition to democracy , it resignified the role of the state in the citizens' lives, providing a vast system of human and individual rights protection, social welfare, and democratic tools. The 1988 Brazilian Constitution

1320-479: The citizens' initiative . Examples of these democratic mechanisms were the 1993 plebiscite concerning the form of government, where the presidential system was confirmed, and the 2005 firearms and ammunition referendum . The mention of God in the preamble of the Constitution (and later on the Brazilian currency) was opposed by most leftists as incompatible with freedom of religion because it does not recognize

1375-440: The internet and social media has presented a new medium through which hate speech can spread. Hate speech on the internet can be traced all the way back to its initial years, with a 1983 bulletin board system created by neo-Nazi George Dietz considered the first instance of hate speech online. As the internet evolved over time hate speech continued to spread and create its footprint; the first hate speech website Stormfront

1430-502: The law of Brazil is a stub . You can help Misplaced Pages by expanding it . Brazilian Constitution Recent elections The Constitution of the Federative Republic of Brazil ( Portuguese : Constituição da República Federativa do Brasil ) is the supreme law of Brazil . It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government of Brazil . It replaced

1485-414: The Brazilian state, in 2017, to have stakes in more than 650 companies, involved in one-third of the national GDP. This model also created restrictions for the performance of foreign companies in several fields with harmful consequences for the country's growth. In the view of some scholars, this economic model favors patrimonialism and corruption . The Constitution is also responsible for creating

1540-486: The Country, prohibits capital punishment , defines citizenship requirements , political rights , among other regulations. Title 3 regulates the state organization. It establishes Brasília as the nation's capital, describes the rights and duties of the states, the municipalities, as well rules for the public staff. Title 4 is about the branches of government. It describes the attributes for every government branch, and

1595-499: The Privileged Forum expired. Also criticized is the requirement of unappealable transit for the execution of the sentence. For Judge Sergio Moro , waiting for the final judgment will contribute to impunity. According to Minister Teori Zavascki after confirming a second sentence, one could no longer speak of the principle of non-culpability, since "the exceptional remedies, for the superimposition courts, do not boast

1650-499: The UDHR and pose limitations and restrictions, specifically concerning the safety and protection of individuals. Most developed democracies have laws that restrict hate speech, including Australia, Canada, Denmark, France, Germany, India, Ireland, South Africa, Sweden, New Zealand, and the United Kingdom. The United States does not have hate speech laws, because the U.S. Supreme Court has repeatedly ruled that they violate

1705-456: The ability to review facts and evidence". In the electoral aspect, the Constitution adopted the mandatory vote. Among the 15 largest economies in the world, Brazil is the only country in which voting is mandatory. A 2014 survey showed that the mandatory vote is rejected by 61% of Brazilians. Some question whether it is democratic to compel people to vote. The Constitution adopted the social democratic model of State organization, as defined by

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1760-444: The basis of race and religion. These organizations used group libel as a legal framework for describing the violence of hate speech and addressing its harm. In his discussion of the history of criminal libel, scholar Jeremy Waldron states that these laws helped "vindicate public order, not just by preempting violence, but by upholding against attack a shared sense of the basic elements of each person's status, dignity, and reputation as

1815-547: The basis of sexual orientation and gender identity also is banned in Germany. Most European countries have likewise implemented various laws and regulations regarding hate speech, and the European Union's Framework Decision 2008/913/JHA requires member states to criminalize hate crimes and speech (though individual implementation and interpretation of this framework varies by state). International human rights laws from

1870-624: The columnist for the newspaper O Estado de S. Paulo Luiz Sérgio Henriques . For professor and lawyer Marco Aurélio Marrafon , president of the Brazilian Academy of Constitutional Law, the 1988 Brazilian Magna Carta organized the State according to the Welfare State model, in which it is intended to reconcile "the liberal component of preservation of individual rights and limitation of state power, with direct economic intervention and

1925-566: The document. The text reads: We, the representatives of the Brazilian People, assembled in the National Constituent Assembly to institute a Democratic State for the purpose of ensuring the exercise of social and individual rights, liberty, security, well being, development, equality and justice as supreme values of a fraternal, pluralist and unprejudiced society, based on social harmony and committed, in

1980-502: The federal government's deficit associated with the retirement of the approximately 1 million government employees was greater than the total registered with 33 million private pensioners. For the World Bank, civil servants are among the richest fifth of the Brazilian population. For Roberto Brant , the Federal Constitution was captured by groups of civil servants in 1988. Philosopher Fernando Schüler maintains that Brazil went against

2035-414: The grain in the 1980s: "While the world tried to adjust the State to globalization and modernize public management, Brazil bet on a super bureaucratic state in the 1988 Constitution. We offer rigid stability in the employment for civil servants, we mix careers of State with common careers of the public service, we create the law of biddings, we cast the budgets and we eliminate any space for the meritocracy in

2090-413: The guarantee to freedom of speech contained in the First Amendment to the U.S. Constitution . Laws against hate speech can be divided into two types: those intended to preserve public order and those intended to protect human dignity. The laws designed to protect public order require that a higher threshold be violated, so they are not often enforced. For example, a 1992 study found that only one person

2145-547: The internal and international spheres, to the peaceful solution of disputes, promulgate, under the protection of God, this Constitution of the Federative Republic of Brazil. Title 1 is devoted to the fundamental principles of the Union. It describes the States , the municipalities and the Federal District as the indissoluble constituents of the Union. It also establishes three independent, harmonic government branches:

2200-485: The internet crosses national borders, comprehensive government regulations on online hate speech can be difficult to implement and enforce. Governments who want to regulate hate speech contend with issues around lack of jurisdiction and conflicting viewpoints from other countries. In an early example of this, the case of Yahoo! Inc. v. La Ligue Contre Le Racisme et l'Antisemitisme had a French court hold Yahoo! liable for allowing Nazi memorabilia auctions to be visible to

2255-447: The judges are appointed through the promotion of federal judges with over five years experience, by longest service time and by merit, alternately. In each tribunal is a Regional Office for Internal Affairs of Federal Justice ( Corregedoria Regional da Justiça Federal ), responsible for corrections, inspections, and investigations at first instance. The internal affairs offices are also in charge of hiring processes, and instruction towards

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2310-742: The nation's budget. Title 7 rules the economic activities in the country, the agricultural and urban policies, as well the state monopolies. Title 8 is about the social order. It establishes the Social Security system, the Public Health system, the Public Pension system, among regulations concerning education, culture, science and technology, and sports policies. Title 9 encompasses general constitutional dispositions. Among those, there are sparse regulations, as well as transitional dispositions. Hate speech Hate speech

2365-655: The new constitutional guarantees are the errand of injunction and the habeas data . It also anticipated the existence of a Consumers' Defence Code (enacted in 1990), of a Children's and Youth Code (1990) and of a new Civil Code (2002). It was the first constitution to demand severe punishment for breaches of civil liberties and rights. Consequently, Brazil later approved a law making the propagation of prejudice against any minority or ethnic group an unbailable crime. This law provided legal remedy against those who spread hate speech or those who do not treat all citizens equally. This second aspect helped disabled people to have

2420-570: The only way to resolve this problem without abolishing hate speech laws would be to extend them to all possible conceivable categories, which Henze argues would amount to totalitarian control over speech. Michael Conklin argues that there are benefits to hate speech that are often overlooked. He contends that allowing hate speech provides a more accurate view of the human condition, provides opportunities to change people's minds, and identifies certain people that may need to be avoided in certain circumstances. According to one psychological research study,

2475-483: The opposite effect: disadvantaged and ethnic minorities being charged with violating laws against hate speech. Journalist Glenn Greenwald says that hate speech laws in Europe have been used to censor left-wing views as much as they have been used to combat hate speech. Miisa Kreandner and Eriz Henze argue that hate speech laws are arbitrary, as they only protect some categories of people but not others. Henze argues

2530-423: The promotion of public policies, in order to redistribute resources and reduce social inequalities." In order to finance the Welfare State, it was necessary to raise the tax burden, which went from 23.4% of GDP in 1988, to 33.6% of GDP in 2005, and to link budget revenues. Thus, the Union reached 93% of mandatory spending in 2017, decreasing the room for maneuver by the government and affecting investments. This option

2585-560: The public area." For jurist Modesto Carvalhosa , only a new "principiological" constitution would end the privileges of the 1988 Constitution. The Federal Constitution of 1988 is also criticized for having adopted one of the broadest Special Forums in the world, which jurists argue encourage corruption. A quarter of the actions with a Privileged Forum take more than ten years to be judged. The Supreme Federal Court takes 1,300 days to judge criminal actions by persons with privileged jurisdiction. Between 2001 and 2017, 200 actions involving

2640-465: The public. Yahoo! refused to comply with the ruling and ultimately won relief in a U.S. court which found that the ruling was unenforceable in the U.S. Disagreements like these make national level regulations difficult, and while there are some international efforts and laws that attempt to regulate hate speech and its online presence, as with most international agreements the implementation and interpretation of these treaties varies by country. Much of

2695-876: The regulation regarding online hate speech is performed voluntarily by individual companies. Many major tech companies have adopted terms of service which outline allowed content on their platform, often banning hate speech. In a notable step for this, on 31 May 2016, Facebook , Google , Microsoft , and Twitter , jointly agreed to a European Union code of conduct obligating them to review "[the] majority of valid notifications for removal of illegal hate speech" posted on their services within 24 hours. Techniques employed by these companies to regulate hate speech include user reporting, Artificial Intelligence flagging, and manual review of content by employees. Major search engines like Google Search also tweak their algorithms to try and suppress hateful content from appearing in their results. However, despite these efforts hate speech remains

2750-400: The rights of polytheists such as some indigenous peoples or of atheists . The Supreme Federal Court has ruled that this commission of the protection of God was not unconstitutional since the preamble of the constitution is simply an indication of principles that serves as an introduction to the constitutional text and reflects the ideological conceptions of the legislator, falling within

2805-406: The rules for amendments to the Constitution as well. Title 5 regulates the defense of the State and its democratic institutions. It rules the deployment of the armed forces , the national security baselines, and declaration of state of emergency . Title 6 comprises taxation and the nation's budget. It disposes on budget distribution among the Union's components and their competencies, and

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2860-519: The scope of political ideology and not of the Law. The Federal Constitution of 1988 is criticized in the doctrine for being very extensive, long-winded, and analytical. This characteristic forced the Constitution to be amended several times, in politically costly processes, to adapt to changes in society Another criticism is that the 1988 Federal Constitution reproduces a model of state capitalism , expanding state monopolies and regulations, which allowed

2915-541: The world population has access to the internet. Additionally, the pseudo-anonymous nature of the internet imboldens many to make statements constituting hate speech that they otherwise wouldn't for fear of social or real life repercussions. While some governments and companies attempt to combat this type of behavior by leveraging real name systems , difficulties in verifying identities online, public opposition to such policies, and sites that don't enforce these policies leave large spaces for this behavior to persist. Because

2970-763: Was prosecuted in Northern Ireland in the preceding 21 years for violating a law against incitement to religious violence. The laws meant to protect human dignity have a much lower threshold for violation, so those in Canada, Denmark, France, Germany and the Netherlands tend to be more frequently enforced. A few states , including Saudi Arabia, Iran, Rwanda Hutu factions, actors in the Yugoslav Wars and Ethiopia have been described as spreading official hate speech or incitement to genocide . The rise of

3025-543: Was published in 1996, and hate speech has become one of the central challenges for social media platforms. The structure and nature of the internet contribute to both the creation and persistence of hate speech online. The widespread use and access to the internet gives hate mongers an easy way to spread their message to wide audiences with little cost and effort. According to the International Telecommunication Union , approximately 66% of

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