A utopia da liberdade de expressão num suposto estado democrático de direito / The utopia of freedom of expression in an allegedly democratic state

Abstract

The latest demonstrations in Brazil have rekindled the debate
on the State’s recourse to repressive action. The purpose of this

article is to establish that the attempts to classify such conduct as terrorist
betray the State’s obliviousness to the fundamental rights of assembly
and expression. The methodology used is the bibliographical
and documentary descriptive research. The central issue focuses on
the fact that Criminal Law has been the instrument used by the Three
Branches to silence protests. Social protests are legitimate under the
Constitution, as long as they abide by the limits imposed therein. It is
the State’s responsibility to ensure that these rights can be exercised.
Rather than solve social problems, attempting to silence a dissatisfied
society transports them to a yet more complex dimension in which
the frustration toward, and distrust of, institutions are translated into
violence.