In the present panel, it is analyzed the hate speech as erosive variation of the content of the freedom of expression. In this approach, freedom of expression is seen as a structural element of the democratic regime, but this right is not presented as absolute but relative. In this optic, it is focused hate speech against vulnerable groups, as a harmful re-signification of the democratic substratum of freedom of expression, with the capacity to implode, deconstruct and denature it. In this dimension, it is considered the hate speech in the North American and Brazilian jurisprudence. Finally, It is emphasized that the freedom of expression cannot become an oppressive and excluding instrument against hypersensitive groups.