Limites à liberdade de expressão: uma análise sob a perspectiva das redes sociais.

Abstract

The limits to freedom of expression are established by the Federal Constitution of 1988, but other infraconstitutional norms, such as the Civil Landmark of the Internet, and currently, the internal regulations set by social media, have also imposed limitations, with the latter being quite controversial. To develop the theme of this research, which focuses on the internet and social networks, it is imperative to address freedom of expression, a fundamental right widely enshrined in the Federal Constitution of 1988, tracing its history and evolution, and subsequently addressing the concept in the digital age, as well as the limits governing this right, especially on social media. Based on a qualitative and explanatory methodology supported by literature on the subject, the research results indicate that we do not have an efficient normative legal instrument capable of dealing with the advancements in freedom of expression in the digital age, and even the Civil Landmark of the Internet (Law n.° 12,965/2014) fails to encompass and keep pace with these transformations. Therefore, despite the existence of specific legal protection, free expression has been exercised without limits on the internet. Conversely, the moderation of discourse by social media falls short of the ideal, as lawful expressions or content are often unjustly removed, while unlawful content continues to be available, leading to a lack of equality in the enforcement of the terms and conditions of use by social media platforms.