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Revista de Derecho (Universidad Católica Dámaso A. Larrañaga, Facultad de Derecho)
versão impressa ISSN 1510-3714versão On-line ISSN 2393-6193
Resumo
VELEZ GRAJALES, Guadalupe del Carmen. The meaning of hate speech in Mexican law: the contradictions that prevent clarity in its concept. Rev. Derecho [online]. 2024, n.29, e3704. Epub 01-Jun-2024. ISSN 1510-3714. https://doi.org/10.22235/rd29.3704.
From a Wittgensteinian perspective on the meaning of words, Mexican legislation and jurisprudence are analyzed to determine the concept of hate speech in Mexican law. It is found that hate speech can be considered a manifestation of ideas and information that simultaneously constitutes the execution of one or more reprehensible actions. However, inconsistencies in court decisions do not allow for the establishment that such speech is punishable. This characteristic should be inferred from the legal system. Its indeterminacy implies not only a lack of conceptual clarity but also legal uncertainty within the system
.Palavras-chave : legal certainty; hate speech; freedom of speech.