MULTILEVEL CONSTITUTIONALISM AND FREEDOM OF EXPRESSION: IMPACTS, LIMITS, AND PRACTICAL APPLICATIONS BASED ON A BRIEF ANALYSIS OF THE JURISPRUDENCE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS

Abstract

Freedom of expression is one of the pillars of a democratic rule of law, as it allows for popular participation, the free flow of information, and debate, including on controversial topics. This right finds protection in multilevel constitutionalism, a stage subsequent to neo-constitutionalism; that is, it involves multiple legal systems (global, regional, and local) aimed at harmonizing guarantees, including impacts, limits, and practical applications. In the Brazilian legal system, we cite Article 5, items IV, VI, and IX, Article 206, item II, and Article 220 of the 1988 Federal Constitution (CF/1988). We will demonstrate that, although freedom of expression is a fundamental right, it is not an absolute right, not even in multilevel constitutionalism, since it can conflict with other fundamental rights of equal constitutional and international importance, such as honor, image, privacy, and human dignity. Therefore, it is necessary to use the principle of balancing, analyzing each specific situation, avoiding censorship, and holding those responsible for any abuses accountable. In this context, we will present some practical examples based on the jurisprudence of the Inter-American Court of Human Rights (IACHR) and the Brazilian Supreme Federal Court (STF). The IACHR has contributed to the harmonization of decisions by member states in situations related to freedom of expression, establishing provisions and criteria that must be observed in practical application. Thus, multilevel constitutionalism is a crucial tool for guaranteeing freedom of expression, aiming for healthy and democratic debate, without censorship, but with responsibility, without discrimination, without hate speech, and protecting human rights. The objective of this article is to demonstrate the importance of "freedom of expression" as a pillar of democracy, with broad protection, both in Brazil, through the 1988 Constitution, and in the Inter-American System of Human Rights (IACHR). Specifically, it aims to demonstrate the growing dialogue between the Brazilian Supreme Federal Court (STF), guardian of the Constitution, and the IACHR, within the context of multilevel constitutionalism. The research adopts a deductive, qualitative, and historical-comparative approach. The research methods were bibliographic and case study, seeking to understand the impacts and limits of freedom of expression.