Discurso de ódio misógino no blog “Escreva Lola Escreva”: o tratamento jurídico do tema à luz da criminologia feminista

Abstract

The configurations of world's society are reshaped, mainly due to the emergence of new social facts that contributed to the transformation of discourses and phenomena that already exist, however, were maximized by the emergence of a new space: the web. In this new environment, there was a reduction of geographical boundaries and the construction of a more fluid communication, providing space for many historically oppressed groups, such as women, to create a strengthening mechanism for the defense of their agendas and discourses. However, on the other hand, groups of individuals with goals guided by the diffusion of odious discourses also articulate themselves through this space, using it to deliver prejudiced narratives, mistakenly believing that they are supported by a fundamental right, which is the freedom of expression. In the case of women, there is a strong historical construction that contributes to the promotion of these misogynistic discourses, which do not occur, evidently, only in the virtual field, but have been perceived more frequently due to the expansion of the use of these new technologies. In view of this panorama, the question arises: in the face of the problem of hate speeches against women published and denounced on the blog “Escreva Lola escreva", what are the limits and potential of Feminist Criminology for the construction of possible and appropriate legal responses to fight with these speeches? This dissertation aims, then, to investigate cases of hate speech exposed in the publications of the blog “Escreva Lola escreva ”, discussing possible and appropriate legal responses, based on Feminist Criminology, to respond to the phenomenon of misogynistic hate speech on the Internet . To this end, it was sought, using the Discourse Analysis method, to verify the cases of hate speech against women on that blog, through the contextualization of the selected cases, as well as the investigation of how women are perceived and received on the Internet. In order to fulfill this proposal, it was chosen an inductive approach method, in an upward connection, combined with the case study procedure method. It was found that, despite all the advances in the field of law, women are still targets of violence, especially those verbalized by hate speech in the online environment. In all this, the importance of Feminist Criminology was verified in the construction of a project that guarantees the fundamental rights of both its defendants and their victims, in the perspective and understanding of the multiple views of victimization and criminalization of women, which are also produced and / or aggravated by certain responses offered by law. In this perspective, the punitive response to the questions of the virtual misogynist hate speech must be (re)formulated in a conceptual framework that will contribute to the building of a garantist culture, understood, above all, as a substantial program, developed by the State and by society in the search for solutions related to situations of violence and rights violations, typical of a democratic and networked society.