Limits on freedom of expression in view of safeguarding the rights of children and adolescents

Authors

  • Guilherme de Barros Perini
  • Letícia Soraya de Souza Prestes Gonçalves
  • Louise Böhler Monteiro

DOI:

https://doi.org/10.36662/revistadocnmp.i8.123

Keywords:

Freedom of expression - Collision between Fundamental Rights - Comprehensive Protection - Media – Public Prosecutor’s Office.

Abstract

This article proposes to examine the limitations on the exercise of the right to freedom of
expression, specifically regarding the display of content aimed at children and adolescents by
radio and television stations, which must comply with the provisions of paragraphs I and II of
paragraph 3 of article 220 of the Federal Constitution, as well as the principle framework
provided for in article 221, to postulate the preference for educational, artistic, cultural and
informational purposes and respect for the ethical and social values of the person and the
family. In view of this, given the position of vulnerability of children and adolescents, the
intervention of the Public Ministry, in the light of the principle of the best interest of the child,
is indeclinable when faced with the violation of the rights of children and youth, with the
parquet being responsible for them in order to ensure their prevalence in the collision with
other rights holding the same fundamentality note.

Published

2020-11-09

Issue

Section

Artigos