Liberdade de expressão: da tutela constitucional à legal para seu exercício

Abstract

The present work, based on the study of international treaties, constitutional norms, doctrine and jurisprudence, aims to reveal the dimension and scope of freedom of expression, its aspects of optimization and limitation, separating it from the middle rights by which it is exercised, in order to prospect its conformation under the Brazilian legislation in the tutelage of its exercise and verify the feasibility a legal model capable of treating the matter in an egalitarian and effective way (legal certainty) without resorting to the judicial route to be carried out. For this purpose, the hypothetical-deductive method will be used in the analysis of legislation, jurisprudence and doctrine adopted in relation to the fundamental rights of freedom of thought and expression, establishing a notion of concept, based on the human rights evolution, public liberties; the foundations of its legitimation; the view of the Supreme Court in leading cases; comparison with the Spanish, German and United States rights and legal methodology for imposing limits.