Os limites do direito fundamental à liberdade de expressão

Abstract

This paper discusses the limits of freedom of expression. The general point of this work is toidentify the limits to the right to freedom of expression established by brazilian law. In order to understand the limits, this monograph is divided into four sections. The first section presents the concept of freedom of expression. The second section analyzes the historical presence of the right to freedom of expression in Brazilian constitutional law. The third section discusses the limits of fundamental rights, in addition to identifying the limits to freedom of expression set out in species, whether they are present in the constitutional text, in infra-constitutional legislation or even through the application of the balancing technique. The fourth and final section will analyze two leading cases of the Federal Supreme Court concerning the limits on the right to freedom of expression, focusing on the application of the balancing technique. The results of the work show that the right to freedom of expression, as a form of fundamental right, is not absolute, and is limited by the constitutional text and by the principle of proportionality, which has been used in several cases judged by the Supreme Court