Freedom of speech and holocaust denial

Abstract

This paper's main theme is Holocaust denial and the possibility of criminalizing it in Brazil, based on its legal relevance as a form of hate speech. It is essential to preserve the records and memory of all significant events in civilized history, especially those whose veracity has been historically proven, such as the Jewish Holocaust. Therefore, it is necessary to combat those dishonest individuals who threaten to alter recognized facts in an attempt to manipulate history to their own advantage. In Brazilian law, the concepts of discrimination, intolerance, and prejudice in their various facets still remain in a gray area. It is up to the legislator to concretize this need by establishing a defining rule and corresponding sanctions. This discussion finds support in authors such as Hannah Arendt and Zygmunt Bauman, who reflect on the banality of evil and the modernity of the Holocaust, and in Ronald Dworkin and Jeremy Waldron, who problematize the limits of freedom of expression in the face of hate speech. This definition of the ethical minimum that must be met becomes even more urgent when we observe the growth of anti-Semitic hate speech and the trivialization of the Jewish Holocaust.