PROTECTION OF INDIVIDUALS AND PRIVATE CENSORSHIP: THE JUDICIAL REVIEW ON THE LIMITS OF FREEDOM OF SPEECH

Abstract

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.

Keywords

• jurisdição constitucional
• liberdade de expressão
• relações privadas
• supremo tribunal federal