A usurpação das liberdades comunicativas como mecanismo de erosão democrática

Abstract

Limits to the fundamental right of free speech have always been present on judicial debates in constitutional democracies. Although symbiosis between comunicative liberties and social control of governamental institutions, is inherent to democracies, recent cases of assault to institutions, through violent acts, have demonstrated need of controlling hate speech against republican institutions, under penalty of indelible fissures to democratic regimes. The initiation by Brazilian Supreme Court, in order to investigate some of these acts, demonstrates the need for institutional actions with the objective of stopping such agressions. The problem proposed in this article is related to the limits of this contention, about what would be the appropriate measure to limit freedom of speech necessary for the maintenance of democratic institutions.