Fundamentos Constitucionais da Liberdade de Expressão nas Manifestações Artísticas: Julgados sobre stand-up

Abstract

This monograph focuses on answering how the limits of artistic expression are legally defined in the Brazilian legal system and how the State can intervene in artistic productions that cause controversy or social discomfort without this action constituting censorship and violating the constitutional principle of freedom of expression, with special attention to cases involving humorous expressions in the stand-up comedy format. The research examines the historical evolution of freedom of expression in Brazil, its consolidation in the 1988 Constitution, and how the Judiciary has interpreted its scope and restrictions. To this end, relevant precedents are studied, highlighting the judicial controversies involving comedians Rafinha Bastos and Léo Lins, which raised debates about prior censorship, human dignity, and responsibility in the exercise of artistic activity. Using bibliographic, documentary, and jurisprudential research, the work shows that, although artistic freedom is broadly protected, it is not absolute and must coexist with other fundamental rights, such as honor, equality, and the protection of vulnerable groups. It is concluded that the contemporary challenge lies in harmonizing free artistic creation with the prevention of discriminatory discourse, ensuring a pluralistic and respectful democratic environment.