Liberdade de expressão: conflitos e limites no ordenamento jurídico brasileiro

Abstract

This article aims to understand the conflicts and limits involving freedom of speech in the Brazilian legal system. Therefore, a doctrinal, legal and jurisprudential analysis is made. A bibliographic review is used. The right to freedom of speech is presented, historical context, doctrinal approach, jurisprudence, and some conflicts with other norms are commented. Afterwards, personality rights are introduced, as well as the doctrine's view on court decisions, also discussing possible inconsistencies with freedom of speech. Furthermore, the resolution of antagonisms between this fundamental rights is explained, and the attempt to use freedom of speech to legitimize hate speech is exposed.