Têmis dos pampas: a atuação do judiciário gaúcho no combate à discriminação de cunho regional materializada nos discursos de ódio

Abstract

Civilization is a process that ends in distinguish the members of a group ("we") those that are external ("them"), making it by creating boundaries that do not bolster in natural or immutable elements, but in artificial constructions for which it invents a history and a meaning. For this process of construction, collaborate looks of the members and of the non-members of a given society. Brazil is a deeply scarred country for such separations, whose exhibition illustrates that the "myth of racial democracy" as a mark of brazilianness, is a distortion of the unequal relations established basedon ethnic distinctions, gender, sexual orientation, religion and regional origins; this sets the scope of work and endowed with history and allowed the emergence of Rio Grande do Sul as is know it today, in a process of invention that met the interests and political appeals of regional elites, with the contribution of both traditionalists theoretical, for critical. On the basis of this invention are images and arguments that sedimented representations that still populate the regional imaginary and are the basis of the forms of prejudice suffered by national immigrants within this state, stereotyped by the tools of a gaucho speech, which gives them social inferiority. In this context, the problem of guiding research of this paper is: How does the ideology of Gaucho Traditionalism as a social and discursive phenomenon, reflected in the regional nature of hate speech manifestations? And how the Judiciary rio-grandense has positioned itself on this subject? We used the deductive method of approach and methods of historical and monographic procedure and to better work with the theme, the work is divided into two main parts: the first analyzes what is ideology, from initial conception to its applicability the traditionalism rio-grandense as well as the formation of the identity of the gaucho and the configuration of the ideological phenomenon, social and discourse of localism. In the sequel, we discuss what they are and how to configure the hate speech and the regional segregation, considering the factual aspects to their legal consequences, in reason of the proliferation of regional nature of hateful language in order to understand what the legal demonstrations about this proven segregation.