A violência de gênero e o discurso de ódio nas redes sociais: estudo sobre a incidência do direito penal no combate à desigualdade de gênero e na proteção da liberdade de expressão

Abstract

This work thesis aims to addresses gender-based violence against women perpetrated due to their sex, examining its multiple manifestations and its occurrence across various contexts, including the digital sphere. The study explores how, in contemporary society, these forms of violence transcend tangible, everyday realities and migrate into the virtual environment. It particularly analyzes the role of social media as a vehicle for hate speech that perpetuates gender inequality. Within this framework, the research examines the impact of such conduct on women’s dignity and freedom, as well as the challenges in enforcing accountability in the digital realm. It further considers the application of criminal law as a tool to combat gender-based violence and hate speech, discussing its limitations and possibilities in light of the constitutional protection of freedom of expression. The objective is to assess how Brazilian law can effectively prevent, punish, and deter such acts without unduly infringing democratic guarantees, while also reflecting on the need for public policies and educational measures to foster gender equality and build a safer, more inclusive digital environment.