Freedom of Expression and Democracy. Interchangeable reality and a need towards the deepening of the issue. A comparative approach. The jurisprudence of the Brazilian Supreme Court. The United States Supreme Court.
DOI:
https://doi.org/10.5102/rbpp.v5i2.3231Abstract
The paper tackles and discusses freedom of expression in the context of the Brazilian jurisprudence as well as in the United States Supreme Court. With this aim, the paper also challenges some cases discussed in the Brazilian Supreme Court. The limitation upon the freedom of the press is also a pivotal issue undertaken by the paper. It highlights how the Brazilian Supreme Court has emphasized the liberty of the press as opposed to personal rights, such as the honor protection as well as the shield of one´s image. Following, the paper discusses many a U.S. Supreme Courts cases, in which a broad comprehension of free expression rights was built. As a message and as final question mark, the paper suggests that a debate about the limits of political campaigns financing also ought to be unfold in the framework of the freedom of the press, as to a certain degree defined by the U.S. Supreme Court.References
DWORKIN, Ronald. A Virtude Soberana: A Teoria e a Prática da Igualdade. São Paulo: Ed. Martins Fontes, 2005.
HUNGRIA, Nelson. Comentários ao Código Penal, 3ª ed. Rio de Janeiro: Forense, 1955, v. VI.
MENDES, Gilmar. O significado da liberdade de imprensa no Estado Democrático de Direito e seu desenvolvimento jurisprudencial
pelas Cortes Constitucionais: breves considerações. Observatório da Jurisdição Constitucional, Ano 4.
Brasília: Instituto de Direito Público, 2010/2011. Disponível em <http://www.portaldeperiodicos.idp.edu.
br/index.php/observatorio/article/viewFile/427/275>. Último acesso: 04/05/2015.
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