The freedom of speech and its limits with religious freedom

Abstract

The Brazilian State is a Democratic State of Law and a Secular State, with support for the exercise of countless freedoms, including freedom of expression and religious freedom, themes that is everyday life end up being confronted and, with that, bring the need for digressions. In this perspective, the objective of the present work is to demonstrate the existing limitations of freedom of expression inrelation to religious freedom, as well as to explain the need to contain freedom of expression in order not to become a "super-right". More precisely, the present study will seek to answer the existence (if it exists) and what would supposedly be these limitations of the exercise of freedom of expression in comparison to religious freedom, and how both are seen in a legal-social field. To this end, the work initially evaluates the perspective of such rights from a legal point of view and analyzes the legal protections in local and international norms to the fundamental human right to religious freedom. Afterwards, emphasis is given to freedoms in discussions, and, finally, it demonstrates the civil and criminal limits of freedom of expression, exposing its legal consequences arising from the excess of this freedom. The present research observes the deductive method, as a methodology of approach and bibliography regarding its technical procedure.