A função social das liberdades de expressão: limites constitucionais

Abstract

The freedoms of expression represents one of the most importants fundamental rigths of man, being recognized as one of his greatest achievements, representing undeniable feature of any democratic country, and it´s impossible to speak about freedom except if to every man is possible to have his ideas exposed in a pluralistic enviroment. A democracy that goes beyond libralism is characterized, however, by the necessary sharing of freedoms, something essential do the Law, reason why we cannot speak about the hierarchical superiority of freedom of expression in relation to other rights equally relevant. In this sense, despite recognizing its importance, we should say it's necessary to prevent the occurrence of abuses in its exercise, wich includes the recognition of its social function, to analyse, based on its historical foundations, he reasons for which the right is the object of protection and the reasons why, colliding with other fundamental rights, it does not appear worthy of protection. Therefore, based on doctrinal analysis and especially judicial, points the work assumptions on which can be considered justifiable restriction, based on the provisions in the 1988 Brazilian Constitution, to rule in such cases, which are grounded in human dignity, the hate speech, protection of personality rights and childhood and adolescence, the claim of censorship. In these cases , being duly justified the possibility of restriction on freedom of expression must yield in the face of the clash with other rights that are endowed with equal hierarchical value, present themselves as more urgent safeguarding.