O LIMIAR DO DIREITO À LIBERDADE DE EXPRESSÃO NO ORDENAMENTO JURÍDICO BRASILEIRO CONTEMPORÂNEO

Abstract

This article aims to analyze the current contours of freedom of expression in Brazil, starting from the acknowledgment that there is, at present, considerable uncertainty regarding its boundaries. The advancement of communication technologies, increasing political polarization, and recent episodes of judicialization of speech have contributed to a diffuse understanding of the extent to which the legal protection of the expression of ideas applies and from which point such expression may be legitimately restricted. The research explores the historical development of freedom of expression and its legal foundation within the Brazilian legal system. It also incorporates Robert Alexy's Theory of Principles, particularly concerning the balancing of fundamental rights, an approach that has been widely employed by the Federal Supreme Court (STF) in adjudicating conflicts involving freedom of expression. The study then examines controversial concepts such as hate speech, disinformation, and fake news, as well as the challenges posed by non-state restrictions on public discourse. Finally, it evaluates the legislative proposals currently under discussion in the country, as well as existing laws addressing the subject.