Liberdade de expressão, um direito relativo: uma possível resposta a partir da teoria dos princípios de Alexy aplicada a um caso prático

Abstract

This research analyzes the topic of the rights to freedom of expression and protection of honor in the context of the notion of fundamental rights as positive human rights. In this sense, it is necessary to investigate the appropriate conceptualization and way of applying these rights when they collide in specific cases. The study analyzes the relativity of freedom of expression as a fundamental right, focusing on its collision with the right to honor. Using Alexy's Theory of Principles (2008), Culpeper's Theory of Impoliteness (2011) and the Theory of Civil Responsibility, the research seeks to present a method for resolving conflicts between fundamental principles. To illustrate this issue, we start from the discussion carried out in a concrete case submitted to the Judiciary involving public figures with a large audience (Caetano Veloso and Olavo de Carvalho). The research concludes that fundamental rights are not absolute and that Alexy's Theory offers a solution for balancing situations in which fundamental principles collide.