O impacto moral das obrigações de papéis no direito à liberdade de expressão dos juízes

Abstract

This master's dissertation, presented to the graduate program of the Federal University of Minas Gerais, intends to investigate the moral impact of role obligations to the right to freedom of speech of the judges. Taking into account that the right to free speech comes from one of the main principles of the liberal tradition, this theoretical effort of moral philosophy aims to investigate the possibility of differentiating the free speech of judges and other citizens, due to the roles obligations of the work performed by the judges. Therefore, this research seeks to systematize the following premises: at first, addressing the right to freedom of speech from the contribution of political philosophers such as John Stuart Mill, Jeremy Waldron, and especially Ronald Dworkin, whose work sought to substantiate the right to free speech based on the integration of individual freedoms with values such as equality and dignity; at a later time, revisit, from the studies developed by Michael O. Hardimon, Heidi Hurd, Joseph Raz, and Ronald Dworkin, the moral theory of role obligations and to demonstrate (or not) the applicability of this theory to explain the impact of special moral duties on the right of free speech contracting professionals; and, finally, to elaborate a theory about the moral capacity of the magistrates to judge certain cases. In this sense, this dissertation will evaluate the circumstances in which role obligations impact the moral capacity of judges to judge certain cases based on the fulfillment of certain legitimacy requirements – delimited by the differentiated exercise of the right to free speech – providing a set of examples that justify such theorizing.