Freedom of expression under attack: the Public Prossecution and the Inquiry 4.781/DF

Authors

  • Gabriela de Almeida Dutra
  • João Pedro Moreira Paganella

DOI:

https://doi.org/10.36662/revistadocnmp.i8.58

Keywords:

Fundamental Rights, Freedom of Speech, Public Prossecution, Inquiry n° 4.781/DF, Constitution of the Federal Republic of Brazil

Abstract

The focus of this article is to study about the inconstutitional aspects of the Inquiry n° 4.781/DF, stablished by the Minister Dias Toffoli of the Supreme Federal Court. Using the inductive method, the paper begins with contextualizing the origin of the fundamental rights and its characteristcs, specially of the right to freedom of expression. Subsequently, the origins of the Public Prossecution are analysed, as well as its constitutional attributions described in the article n° 127 of the Constitution of the Federal Republic of Brazil of 1988. Finally, the facts that imput the opening of the Inquiry n° 4.781/DF are brought, and are pointed out its inconstitutional aspects due to the attribution assigned to the Public Prossecution in the Constitution.

Author Biographies

Gabriela de Almeida Dutra

Advogada

João Pedro Moreira Paganella

Advogado

Published

2020-11-12

Issue

Section

Artigos