The general objective of this paper is to analyze the constitutional grounds used by the Supremo Tribunal Federal (Federal Supreme Court) in its decisions to judge the attacks against minorities and democratic institutions coming from hate speech, assuring freedom of speech. First, we discuss the guarantee of freedom of speech as a fundamental right and its limitations; then, we analyze the construction of jurisprudence about hate speech, and then we make a case study of Inquiry 4.781/DF and Criminal Action nº 1044/DF, which allows us to discuss about hate speech involving possible attacks to Democratic Institutions. The study seeks to analyze the parameters of the decision involving the case of the then congressman Daniel Silveira, federal deputy for the State of Rio de Janeiro, in order to identify the grounds used by the STF when discerning when speech exceeds the field of freedom of expression and becomes a criminal conduct, as in cases related to hate speech, based on the perspective of the Democratic State of Law, so as to seek to identify judicial standards in accordance with the Federal Constitution.
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