Carlos Eduardo Ferreira dos Santos
PhD candidate in Public Law at the
University of Coimbra. Master's degree in Constitutional Law from the
University of Castilla-La Mancha. Master's degree in Criminal Policy from the
University of Salamanca. Lawyer. Email: eduardosantos39012@gmail.com
ABSTRACT
The
article analyzes the right to freedom of expression in the jurisprudence of the
Brazilian Supreme Court, investigating the limits to this fundamental right
provided for in the Federal Constitution of 1988. The study uses the
dialectical method and bibliographical and jurisprudential research, collating
important decisions of the Federal Supreme Court on the subject. As a result,
it is found that there are several restrictions on freedom of expression, since
it is not an absolute or unlimited right. Thus, the use of this constitutional
right to propagate hate speech or discrimination, disseminate fake news during
the electoral process, incite animosity between the Armed Forces and the
Branches of the Union, call for the overthrow of the Democratic State of Law,
among other prohibitions, is prohibited.
Keywords: Freedom of expression; jurisprudence; Supreme Federal Court.
Reviewed by Current Scientific Journal
on
janeiro 07, 2026
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