Constitutional Jurisdiction in Brazil and Freedom of Expression

Abstract

The analytical aspect of the Brazilian Federal Constitution and the extension of the powers conferred on the Federal Court of Justice by the Charter of 1988 increased the constitutional tension between fundamental rights, such as freedom of expression and rights of personality, both directly related to the postulate of human dignity and the democratic regime. Analyzing most recent court judgments on the matter, it is possible to identify both a procedural and material prestige of the right to the expression of thought, guaranteeing the free market of ideas. However, some aspects drawn from the trials are recommending special attention. Likewise, it is the case of (lack of) necessity to avoid aprioristically preferential value judgments about the interest to prevail in each situation. And the case of concern with eventual and excessive clearance of the mechanisms of protection of personality rights, when in a collision course with freedom of expression.