A teoria da rotulação social aplicada à lógica do linchamento virtual: uma análise da dinâmica do cancelamento e sua abordagem pelo ordenamento jurídico brasileiro

Abstract

This research seeks to conduct a critical analysis of the Social Labeling Theory applied to the Logic of Digital Lynching, as well as its treatment in the Brazilian legal system. To this end, it aims to initially align the concepts related to lynching from a historical and conceptual perspective, going through the various periods of human existence and how these violence precedents have been used by people, interweaving as a starting point antiquity and arriving at the present day. Another point investigated by the research concerns the criminological theory of Social Labeling and how the dangers of stigmatizing the individual influence his/her exclusion from social and online life. It departs, in this context, from the scenario of exaggerated exposure on the web and the difficult distinction between public and private until the applicability logic of the Labeling Aproach Theory within the scope of canceling, as well as the effects of this stigma on the individual's mentality. Finally, it raises the conduct chosen by the Brazilian legal system related to cases of digital lynching, highlighting, for this purpose, the ties of the Brazilian Civil Rights Framework for the Internet, freedom of expression, right to be forgotten and the civil and criminal consequences of the theme. Thus, as for objectives, it is used as exploratory and explanatory research. The procedures are based on a bibliographic perspective, making use of the various online literature materials about the problem of canceling, having a qualitative approach and basic nature.