O CASO CHARLOTTESVILLE, A LIBERDADE DE EXPRESSÃO E O DISCURSO DE ÓDIO.

Abstract

The Carlottesville Case ended up raising as problematic the relationship between the limites of freedom of expression and the reflexes of institutional racism in the perfomance of extreme right groups (Unity and Security for America and Ku Klux Klan) and the defense of minorities (Black Lives Matter); debating the issue of maintaining statues of historical representatives who defended racial segregation. Thus, this article will deal with na analysis of the right to freedom of expression and the origin of institucional racism through a comparative right (Germany, United States and Brazil) with the aim of identifying the limits of freedom of expression and the reflexes of institutional racism in the Charlottesville Case. After the fulfillment of that objective, we identified that the apology for racial segregations corresponds to limit of freedom of expression and that it serves as a basis for the “hate speech”; on institutional racism, it was also possible to identify the following reflexes: the defense of symbolic monuments that portray values related to slavery (such as the Tobert Lee statue), the use of violence by demonstrators in favor of racial supremacy and use of racist elements during the demonstrations, such as torches, heavy weapons, Nazi gestures and flags.