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  • Freedom of Speech in the Federal Constitution of Brazil and the Problem of its Collision with other Fundamental Rights, particularly personality rights

    Author: Ilton Robl Filho
    Institution: Federal University of Paraná
    Author: Ingo Wolfgang Sarlet
    Institution: Federal University of Paraná
    Year of publication: 2016
    Source: Show
    Pages: 133-163
    DOI Address: https://doi.org/10.15804/ppk.2016.06.07
    PDF: ppk/34/ppk3407.pdf

    The fundamental right to freedom of speech is a central element of the rule of law in a democratic state that constantly collides with other fundamental rights. Both in court decisions and in legal literature there is a significant discussion on the limits of the freedom of speech, mainly concerning its collision with other fundamental rights, particularly personality rights. This debate has become very strong in Brazilian constitutional case law, mainly in the Federal Supreme Court (Supremo Tribunal Federal), but also in other constitutional systems and even in the domain of international law. Based on the decisions of the Brazilian Supreme Court and those of the US Supreme Court and the Federal Constitutional Court of Germany, this paper aims to discuss some criteria that may guide Courts when balancing freedom of speech and other fundamental rights.

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