Liberdade de expressão no Brasil: a construção histórica de um direito fundamental

Abstract

Freedom of expression is a fundamental human right recognized as essential for the promotion of democracy, equality, and human dignity. However, in today's global context, this right faces significant challenges, including hate speech, the spread of misinformation, and political polarization. This study aims to analyze freedom of expression in light of national and international legislation in brazilian context, highlighting the conflicts between the right to express one's thoughts and the evolution of this right over time, as well as Law as a human science. To this end, legal frameworks such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the 1988 Brazilian Constitution, and the European Convention on Human Rights are discussed, alongside specific legislation addressing hate speech. The research adopts a qualitative approach, based on a literature review, with an emphasis on the ideas of Timothy Garton Ash and his work Free Speech: Ten Principles for a Connected World. The study concludes that balancing freedom of expression and protection against abuse requires ethical and legal regulation capable of safeguarding human rights in an increasingly interconnected and diverse world.