Abstract

CARVALHO, Maria Helena de. Freedom of speech and holocaust denial. Rev. secr. Trib. perm. revis. [online]. 2026, vol.14, n.23, e566.  Epub Mar 13, 2026. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a14.n23.e566.

Abstract: This paper analyzes Holocaust denial from the perspective of the limits of freedom of expression in a democratic state governed by the rule of law, examining its legal relevance as a specific form of hate speech. Starting from the need to preserve the historical memory of widely documented events, such as the Shoah, this study discusses how the denial, trivialization, or relativization of this historical fact goes beyond the realm of interpretative divergence and affects the dignity of the human person, collective memory, and the fundamental rights of the Jewish community. In the Brazilian context, this study investigates the legal treatment of antisemitic expressions in light of Law No. 7.716/89 and the jurisprudence of the Supreme Federal Court, with particular emphasis on the Siegfried Ellwanger case. The work engages with theoretical contributions from Hannah Arendt and Zygmunt Bauman, reflecting on the banality of evil and the modernity of the Holocaust, as well as with Ronald Dworkin and Jeremy Waldron, in the debate concerning the ethical and legal limits of freedom of expression in the face of hate speech. Finally, the existing normative gap in the Brazilian legal system regarding the specific classification of Holocaust denial is examined, as well as the controversies surrounding Bill Nº 4.974/20, highlighting the importance of protecting historical memory as an instrument for affirming democratic values and human rights.

Keywords : Antisemitism; Jewish Holocaust; Freedom of expression; Denialism.

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