Abstract

MAIA VERISSIMO, Vitor  and  CAMPOS GALUPPO, Marcelo. Free Speech and the Secular Reasoning: Some Thoughts a Brazilian Judicial Case. Cuest. Const. [online]. 2023, n.48, pp.251-278.  Epub Jan 12, 2024. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2023.48.18042.

Although Free Speech is a Constitutional Right in Brazil, there is a conflict between it and other Constitutional Rights, such as Freedom of Religion. This paper holds that its necessary to grant the free circulation of ideas, thus protecting the right to artists to publish their work, even when they critic the institutions themselves. We analyze the sentence in the case Arquidiocese de Goiânia v. Ana Smile to understand how the State has acted in cases that cover Free Speech. We try to comprehend how the State should rule the offensiveness of the right to free expression to show that it is necessary to pass more permissive statutes in Brazil, specially concerning Artists and their work.

Keywords : free speech; religious hatred; free expression of the arts; censorship.