FREEDOM OF EXPRESSION AND ITS CONSTITUTIONAL LIMITS: BETWEEN POLITICAL DISCOURSE AND HATE SPEECH

Abstract

To begin this analysis, it is necessary to place the reader within the Brazilian constitutional context, especially regarding the centrality of fundamental rights and the role of freedom of expression in consolidating the Democratic Rule of Law. Expressly provided for in the 1988 Constitution, this freedom constitutes one of the pillars of democracy, as it ensures public debate, political pluralism, and the free circulation of ideas. However, its exercise is constantly challenged by contemporary issues, especially in the face of the dissemination of hate speech and the use of social media as instruments of disinformation and political manipulation. This context has provoked intense debates about the constitutional limits of freedom of expression, especially when it conflicts with other values ​​equally protected by the Constitution, such as human dignity, equality, and the protection of minorities. Thus, the challenge arises of reconciling the preservation of the democratic space with the need to prevent manifestations that incite violence, prejudice, or intolerance. This article proposes to analyze three central aspects of this problem: (i) the theoretical and constitutional foundations of freedom of expression; (ii) the legal criteria for defining its limits; and (iii) the democratic and social repercussions of the confrontation between political discourse and hate speech, considering the recent jurisprudence of the Supreme Federal Court and the legislative debates surrounding the so-called Fake News Bill. Finally, a critical reflection on this tension is proposed, inviting the reader to consider the following dilemma: to what extent does freedom of expression allow for legitimate restrictions in the name of human dignity and the protection of minorities?