FREEDOM OF EXPRESSION IN THE JURISPRUDENCE OF THE SUPREME FEDERAL COURT

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.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-01-07
DOI
https://doi.org/10.5281/zenodo.18175421
Primary Topic
Brazilian Legal Issues
Type
article
Field-Weighted Citation Impact
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article

FREEDOM OF EXPRESSION IN THE JURISPRUDENCE OF THE SUPREME FEDERAL COURT

Carlos Eduardo Ferreira dos Santos
Zenodo (CERN European Organization for Nuclear Research)
Brazilian Legal Issues
article

FREEDOM OF EXPRESSION IN THE JURISPRUDENCE OF THE SUPREME FEDERAL COURT

Carlos Eduardo Ferreira dos Santos
article en

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.

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Openalex Percentile: Top 95%
Brazilian Legal Issues
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