LIMITATION OF FUNDAMENTAL RIGHTS AND FREEDOM OF EXPRESSION

Abstract

This study will analyze freedom of expression as a fundamental right. Fundamental rights are constitutionally guaranteed in a positive way, thus safeguarding rights considered to be existential. Based on the preservation of the dignity of the human person, fundamental rights have emerged and been consolidated over time through history, as well as the demands for rights that have arisen. Defended in Article 5 of the 1988 Constitution of the Federative Republic of Brazil, these rights are hierarchically superior in the Brazilian legal system. However, these rights are not absolute, and they are therefore subject to restrictions arising from three situations: express constitutional provision; restrictions arising from legal norms based on constitutional provision, and collision of fundamental rights. Considering fundamental rights, this work aims to analyze freedom of expression, since its limitation is a subject that is constantly debated. It is imperative to discuss the subject, as freedom of expression is one of the pillars of the Democratic Rule of Law. Based on bibliographical research and analysis of current legislation, as well as doctrine and studies published on the internet, we hope to resolve the phenomenon of collision of fundamental rights, thus guaranteeing their effectiveness.