Discurso de ódio nas redes sociais e responsabilidade civil: possibilidade de sanções extra pecuniárias para a ampla reparação da vítima

Abstract

The present article aims to research the analysis of personality damage caused by hate speech on social media and to seek other means of sanction for its reparation beyond pecuniary restitution, as the application of the latter is not sufficient to fully repair the damagesuffered. The goal is to produce a critical analysis of issues such as civil liability related to freedom of expression, as well as its limits. Regarding the methodology used, it will be classified as descriptive, as it aims to describe how preventive civil liability can be used as a mechanism to curb the practice of such speech. This study will be conducted through bibliographic research in books, articles, websites, etc. It also aims to analyze how hate speech is closely related to moral damage and how it can be held accountable through appropriate conflict resolution mechanisms, in addition to other forms of damage reparation beyond monetary compensation. In summary, regarding the research results, we conclude that the effectiveness of civil liability depends on the adoption of mechanisms that seek to restore the victim to the status quo prior to the damage, going beyond simple monetary compensation. However, the existing obstacles on this topic often prevent the expected results from being properly achieved. Finally, to overcome the presented challenges, it is essential to explore options such as the creation of explicit legal provisions or binding jurisprudence.