Freedom of expression is a constitutional right widely diffused in our culture and its conquest was hard fought. The times where dictatorship and censorship have made the fruits of this, weapons against its own users, are not far off. Today, it is perceived that this right by many times conflicts with other constitutional principles. If there is no hierarchy among them it is preponderant that we use the technique of weighting to evaluate case by case what is most sensible in such situations. The Hate Speech, or Hate Speech, is not something new, but it becomes more and more current. It is commonplace that such discourses should be trivialized and diminished as mere questions of opinion, which becomes dangerous, for hatred once widespread may reach untold levels, as various historical landmarks point to us. The institute of freedom of expression, its origin in the Brazilian Constitution and legal provisions, is analyzed. Through the technique of weighting, to glimpse its limits and confrontation in a way to perceive when one discourse hurts the freedom and honor of another, turning into discourse of hate. The Approach methodology applied in the present research is the deductive one, where, from the relation between basic statements, denominated premises, a conclusion is drawn, that is, several laws and doctrinal thoughts will be analyzed, pointing out the most suitable for application to the specific case. It is based on the monographic procedure, exploring legislation, doctrine and articles, making a comparative and dialectical analysis of the thoughts of various scholars on the subject. The instruments used in the development of this work are characterized by bibliographical, documentary and legislative research, as well as journal and internet articles, as well as other means and techniques of direct and indirect research. What the present research aims to discuss is the extent to which it is legitimate to contain Freedom of Expression and how the Hate Speech interferes with the limitation of this principle.
