DIGITAL FREEDOM REGULATION

The Regulation of Social Media and the Limits of Freedom of Expression in Brazil

Abstract

This article studies freedom of expression in Brazil under the 1988 Federal Constitution, analyzing the legal and social limits of this fundamental right in the face of contemporary challenges. It starts from the premise that freedom of expression is essential to democracy but not absolute, as it must coexist with other equally relevant rights, such as honor, dignity, and equality. The central issue investigated concerns the abusive use of this right, especially in digital environments, and its intersection with hate speech, misinformation, and social exclusion. The methodology is qualitative, based on bibliographic review and jurisprudential analysis, encompassing doctrines, decisions of the Federal Supreme Court, and recent legislation, such as Law No. 14,532/2023. The study highlights the role of social media as both instruments for amplifying freedom of expression and as spaces that facilitate the spread of fake news and rights violations. The findings indicate the need for balanced regulation, capable of preserving pluralism and democratic debate without leading to censorship. It is concluded that freedom of expression, to fulfill its social role, must be committed to inclusion, minority representation, and the fight against discrimination, assuming not only a legal perspective but also ethical and political ones. The consolidation of an effectively plural democracy depends on recognizing that every form of expression requires responsibility and that there is no legitimate freedom without respect for human dignity.