Análise do direito à liberdade de expressão na jurisprudência da corte interamericana de direitos humanos caso Kimel x Argentina

Abstract

The Kimel Vs. Argentina, judged by the Inter-American Court of Human Rights, understood by the inaccuracy of criminal articles of the Argentine legislation. Based on art. 2 of the American Convention, the Court decided that such inaccuracy would violate legal certainty and the exercise of freedom of expression. Such a judgment had repercussions throughout the Americas, confronting the jurisprudential tradition that, until then, had never established changes in the domestic legislation. The objective is to study the norms of the Convention and, in particular, the judgment of the Inter-American Court known as Kimel Vs. Argentina in view of the protection of the right to freedom of expression. The research is perfected by means of bibliographical research in the jurisprudence of the Court, besides contributions of the specialized doctrine. The trend towards the creation of more effective protection mechanisms for the right to freedom of expression within inter-American law was glimpsed.