PROTECTION OF INDIVIDUALS AND PRIVATE CENSORSHIP: THE JUDICIAL REVIEW ON THE LIMITS OF FREEDOM OF SPEECH
One of the basic principles of contemporary democracies is freedom of speech. The plurality of politics, religion and thought that marked the development of the West made the assertion of democracy as a rule coupled with the affirmation of some fundamental freedoms. However, freedom of speech is als...
| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
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Universidade Federal de Santa Maria
2020-06-01
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| Series: | Revista Eletrônica do Curso de Direito da UFSM |
| Subjects: | |
| Online Access: | https://periodicos.ufsm.br/revistadireito/article/view/37843 |
| _version_ | 1819204434251481088 |
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| author | Elden Borges Souza Victor Sales Pinheiro |
| author_facet | Elden Borges Souza Victor Sales Pinheiro |
| author_sort | Elden Borges Souza |
| collection | DOAJ |
| description | One of the basic principles of contemporary democracies is freedom of speech. The plurality of politics, religion and thought that marked the development of the West made the assertion of democracy as a rule coupled with the affirmation of some fundamental freedoms. However, freedom of speech is also relevant to contractual relationships. Both to identify the cases in which it applies, and to define its limits. After all, these limitations are usually seen as potential censorship. However, such a limitation is necessary because, like any fundamental right, freedom of speech cannot serve as a refuge for attitudes that violate other constitutionally foreseen interests. In this sense, the objective of this work is to analyze the jurisprudence of the Brazilian Supreme Court in considering the admissible limits to freedom of speech, seeking to identify the system used to apply this freedom to contractual relations. The research analyzed some emblematic cases judged from the promulgation of the Brazilian Constitution of 1988 through a bibliographical and dialectical methodology. |
| first_indexed | 2024-12-23T04:35:45Z |
| format | Article |
| id | doaj.art-27ff55de7c1c4ee7a805a3108787526e |
| institution | Directory Open Access Journal |
| issn | 1981-3694 1981-3694 |
| language | Portuguese |
| last_indexed | 2024-12-23T04:35:45Z |
| publishDate | 2020-06-01 |
| publisher | Universidade Federal de Santa Maria |
| record_format | Article |
| series | Revista Eletrônica do Curso de Direito da UFSM |
| spelling | doaj.art-27ff55de7c1c4ee7a805a3108787526e2022-12-21T17:59:55ZporUniversidade Federal de Santa MariaRevista Eletrônica do Curso de Direito da UFSM1981-36941981-36942020-06-01151e37843e3784310.5902/198136943784321005PROTECTION OF INDIVIDUALS AND PRIVATE CENSORSHIP: THE JUDICIAL REVIEW ON THE LIMITS OF FREEDOM OF SPEECHElden Borges Souza0Victor Sales Pinheiro1Universidade Federal do Pará – UFPA Belém, PA, Brasil.Universidade Federal do Pará – UFPA Belém, PA, Brasil.One of the basic principles of contemporary democracies is freedom of speech. The plurality of politics, religion and thought that marked the development of the West made the assertion of democracy as a rule coupled with the affirmation of some fundamental freedoms. However, freedom of speech is also relevant to contractual relationships. Both to identify the cases in which it applies, and to define its limits. After all, these limitations are usually seen as potential censorship. However, such a limitation is necessary because, like any fundamental right, freedom of speech cannot serve as a refuge for attitudes that violate other constitutionally foreseen interests. In this sense, the objective of this work is to analyze the jurisprudence of the Brazilian Supreme Court in considering the admissible limits to freedom of speech, seeking to identify the system used to apply this freedom to contractual relations. The research analyzed some emblematic cases judged from the promulgation of the Brazilian Constitution of 1988 through a bibliographical and dialectical methodology.https://periodicos.ufsm.br/revistadireito/article/view/37843jurisdição constitucionalliberdade de expressãorelações privadassupremo tribunal federal |
| spellingShingle | Elden Borges Souza Victor Sales Pinheiro PROTECTION OF INDIVIDUALS AND PRIVATE CENSORSHIP: THE JUDICIAL REVIEW ON THE LIMITS OF FREEDOM OF SPEECH Revista Eletrônica do Curso de Direito da UFSM jurisdição constitucional liberdade de expressão relações privadas supremo tribunal federal |
| title | PROTECTION OF INDIVIDUALS AND PRIVATE CENSORSHIP: THE JUDICIAL REVIEW ON THE LIMITS OF FREEDOM OF SPEECH |
| title_full | PROTECTION OF INDIVIDUALS AND PRIVATE CENSORSHIP: THE JUDICIAL REVIEW ON THE LIMITS OF FREEDOM OF SPEECH |
| title_fullStr | PROTECTION OF INDIVIDUALS AND PRIVATE CENSORSHIP: THE JUDICIAL REVIEW ON THE LIMITS OF FREEDOM OF SPEECH |
| title_full_unstemmed | PROTECTION OF INDIVIDUALS AND PRIVATE CENSORSHIP: THE JUDICIAL REVIEW ON THE LIMITS OF FREEDOM OF SPEECH |
| title_short | PROTECTION OF INDIVIDUALS AND PRIVATE CENSORSHIP: THE JUDICIAL REVIEW ON THE LIMITS OF FREEDOM OF SPEECH |
| title_sort | protection of individuals and private censorship the judicial review on the limits of freedom of speech |
| topic | jurisdição constitucional liberdade de expressão relações privadas supremo tribunal federal |
| url | https://periodicos.ufsm.br/revistadireito/article/view/37843 |
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