A liberdade de expressão no humor e sua limitação ante o principio da dignidade da pessoa humana

• Autor(a) principal: Machado, Felix Rocha
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15757
• topic: Liberdade de Expressão; Dignidade da Pessoa Humana; Humor; Manifestação Artística; Censura; Limite

This work was carried out by means of bibliographic research, focusing on the subject of the limit of freedom of expression before the principle of human dignity, mainly focused on the manifestations of humorous discourse. The basic question for the development of the study was: Is there a legal limit for humorous discourse as an artistic expression? The general objective was to analyze the main legislative texts and Brazilian jurisprudential references in order to define the existence of the limit on freedom of expression and the main factor that drives it. The specific objectives were to analyze conceptually the humorous artistic manifestation; verify the idea that comedians are opinion makers and should be recognized as such; identify the main factor that causes freedom of expression to move and violate the dignity of the human person; address cases of dispute between the author of the humorous content and the victim of the joke; and debate the ways of interpreting humorous discourse. The present research allowed the understanding that the presentation of comedy in Brazil is something cultural and should be treated as such, since the impediment to the use of this right implies censorship, an act prohibited by the Federal Constitution. However, it is necessary to analyze that the fact that every theme is free, the comedian is not given freedom to violate the honor and image of a personality, since such a crime offends the principle of human dignity.