Direito à liberdade de expressão no ordenamento jurídico brasileiro: o conflito entre direitos constitucionais de mesma hierarquia e a técnica de ponderação.

Abstract

The present monography contextualizes the right of liberty of expression in the Brazilian legal system, considering that this right in other times had been regulated to allow arbitrary and totally unreasonable limitations to its regular exercise, and even today there are cases of unlawful limitation of this right in a totally separate way from what is required by the national legal system. Facing this scenario, this research has the general objective of: analyze the importance of the right to freedom of expression in the Brazilian legal system and what is the method used to judge cases involving collision of constitutional rights of the same hierarchy. Its specific objectives are: the need to raise the main relevant points about the right of liberty of expression, tracing a whole trajectory for the Brazilian constitutions; analyze how the right of liberty of expression may be legally limited in the Brazilian legal system; and finally, highlighting the illegality of the use of censorship as a means of limiting liberty of expression and the use of the balancing technique to resolve eventual conflicts of constitutional norms. To achieve the objectives, the inductive approach method was used, the procedure’s method was the case’s study and the bibliographic and documentary was the research technique. The research addresses the concept, historicity and legal basis of the right to liberty of expression in the Brazilian legal system. It then presents the right to honor, image and privacy as limiting liberty of expression. Finally, it presents the balancing technique as an antinomics solver between constitutional rights. Several concrete cases are presented. In the end, it was understood the difficulty of applying the right to the specific case due to the complexity of collision. It has also been realized that freedom of expression should never be hindered, the responsibility will come later in order to avoid any kind of censorship.