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Freedom of expression at the inter-American court of human rights jurisprudence

Grant number: 19/19933-3
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): December 01, 2019
Effective date (End): November 30, 2020
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Lucas Catib de Laurentiis
Grantee:Vitória Cecchi Costa
Home Institution: Pró-Reitoria de Pesquisa e Pós-Graduação. Pontifícia Universidade Católica de Campinas (PUC-CAMP). Campinas , SP, Brazil

Abstract

The research project addresses the concept, limits and tensions generated by the fundamental right to freedom of expression, focusing on the jurisprudence of the Inter-American Court of Human Rights. In the conceptual aspect, the project investigates the concept, the theoretical foundations that justify the constitutional guarantee of this right and, finally, the limits on the exercise of the fundamental right. From this perspective, the project can present a bibliographic review and respect to the classic texts dealing with the theme of freedom of expression. In regard of the dogmatic limits of fundamental law, the details and resources of constitutional protection of freedom of expression will be analyzed. Here we will address issues such as: who are the holders of such a fundamental right, in what situations does it have an impact? Finally, what are the specific characteristics that distinguish it from other human rights? And on this point, the differences between the protection of freedom of expression conferred by the American Convention on Human Rights will be evaluated. The research will be developed based on the method of document analysis, which seeks to infer the contours of the fundamental right in thematic based on court decisions and their foundations. The expected results of the research are a greater understanding of the international and Latin American jurisprudence regarding this matter, as well as the development of critical and propositional analysis regarding the solutions found by the Inter-American Court to address the theme of freedom of expression.

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