THE ILLEGITIMIC EXERCISE OF THE HOMOPHOBIC SPEECH HATE UNDER THE OPTICS OF SEXUALITY AND HUMAN DIGNITY

<p>This research aims to analyze, through the theoretical method, the sexuality and the dignity of the human person as legal limits to freedom of expression before the discourse of hatred with the homophobic bias. In order to do so, it dealt with the norms of constitutional principles and the construction of human dignity as a fundamental precept of the Democratic State of Law, as well as their relationship and their importance within the Federal Constitution of 1988. In the same way, human sexuality and its legal protection, and it is verified that this is a fundamental right and personality that is essential to the full and dignified development of its holder, but also analyzed the social vulnerability that the violation of this right causes sexual minorities. In addition, homophobia was addressed as a preponderant factor in the social exclusion of the LGBT community, as well as the impacts that homophobic hate speech has on its victims. To this end, the limits of freedom of expression were verified, which should be based on the principle of the dignity of the human person, as well as on the free expression of sexuality. In the event of collisions between the fundamental rights of sexuality and freedom of expression, it should prevail over it, in view of the principles of weighting and proportionality, aiming at the purposes of constitutional precepts.