The illegitimity of hate speech as an expression by religious leaders

Abstract

The present work focuses on the analysis of freedom of expression and religion, presenting its concepts, its peculiarities, the importance of both for the Democratic State of Law and the existing limitations when using said freedoms for the propagation of hate speech, especially when the issuers are religious leaders, emphasizing the need for state intervention so that the individual freedoms guaranteed to individuals can exist in harmony. Going beyond the theoretical exposition of the theme, it passes through concrete cases where there was an extrapolation of freedom of religious expression and application of the right to the concrete case by the Courts, existing cases in which freedom of expression and religious freedom were protected definitively, others in which such freedoms were definitively limited and, finally, a case in which it was understood by the extrapolation of the limits of the referred freedoms in preliminary seat.