A discursividade mercosulina entre promessas de integração e práticas de exclusão: o tratamento jurídico dos discursos de ódio xenofóbico no Brasil e na Argentina

Abstract

The present configuration of world society and its promises are presented as paradoxical, since they indicate the way of the broad and unrestricted access to goods, services and spaces, at the same time as they erect ever more walls, be they real or attitudinal. The promises of a cosmopolitan world, of global citizens, fall to the ground when there is considerable selectivity through various systems, from the normative to the political. Spaces that were intended to be humanized, shared and open, often end up representing spaces of violence and disrespect, especially in the face of the arrival of unwanted and historically marginalized people such as migrants. At the regional level, since European integration forces imposed a new way of acting, it was necessary to formulate attempts at integration among the Latin American countries, in which the creation of the Common Market of the South (MERCOSUR) whose main actors, at least in its beginning, were Brazil and Argentina. With the promises of creating an area of free movement of goods, services and people, today it is criticized for the economic aspect, so that its social aspect became necessary for the integrationist attempts. Notwithstanding this necessary approximation, the massive intra-regional migration that has taken place today shows that there is still a long way to go, especially in view of the serious cases of xenophobic hate speech in this area. In view of this scenario, and due to the necessary prevention of the harmful effects of hate speech, the following questions are raised: the commitments entered into within the framework of the Common Market of the South (MERCOSUR), as well as the domestic legal order of Brazil and Argentina (and infraconstitutional) are aligned with the main international human rights treaties with regard to the prediction of preventive and punitive measures to xenophobic hate speech? The central objective of the research, therefore, is to understand the legal treatment aimed at preventing and combating xenophobic hate speech within the Common Market of the South, with an emphasis on Brazil and Argentina, contrasting both the normative production of the bloc and its norms countries with the main international treaties applicable to the topic. To reach such scope, Antônio Carlos Wolkmer and Jeremy Waldron were chosen as the theoretical framework, with emphasis on the authors' production related to humanism, pluralism and discourses of hatred. The methods applied in this work were the deductive approach method, in downlink, allied to the monographic and comparative procedure methods. It was found that Mercosul's normative production and the domestic legal order of the countries investigated are in line with the main international treaties related to the subject, protecting identities and differences. However, there is still much progress to be made in enforcing such diplomas, as intolerance and xenophobic hate speech are evident, making the path of interculturality impossible.