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Freedom of Expression and Thought: Effects, Consequences and the Reciprocity of Rights

Updated: Aug 8, 2023



This scientific article addresses freedom of expression and thought as fundamental rights that must be protected for both parties involved. We will explore the effects, consequences and the importance of reciprocity between those who exercise these rights. In addition, we will highlight the need for balance in the constitutional protection of these principles, considering the context presented.


Freedom of expression and thought are fundamental rights guaranteed by the Constitution, however, it is essential to note that the protection of these rights covers both parties involved in a communication context. In this article, we will explore the effects, consequences and importance of reciprocity between those who exercise these rights and highlight the need for balance in the constitutional protection of these principles.


1. Freedom of Expression and Thought as Fundamental Rights:

Freedom of expression and thought are pillars of democracy and guarantee the possibility of expressing opinions, ideas and thoughts without prior censorship. These rights are fundamental for the exercise of citizenship and the promotion of plural and open public debate.


2. Reciprocity as a Principle in Freedom of Expression and Thought:

Reciprocity plays an essential role in the exercise of freedom of expression and thought. This is the principle of respecting the right of others to express their opinions, just as one has the right to express one's own ideas. Reciprocity implies recognizing that an individual's freedom finds its limits when it interferes with the rights and dignity of the other.


3. Equilibrium in Constitutional Protection:

While freedom of expression and thought are fundamental rights, it is important to note that constitutional protection should not favor just one of the parties involved. The balance in the protection of fundamental rights seeks to ensure that none of the individuals involved exercise their freedom in an abusive or harmful way to the rights and interests of the other.


4. Effects and Consequences:

The effects of freedom of expression and thought can have significant impacts on society. Public demonstrations can lead to social change, promote important debates and even influence political decisions. However, the consequences of these rights must also be considered, especially when there are violations of the rights of third parties, moral damages or incitement to hatred and violence.


5. Mutual Responsibility:

The constitutional protection of fundamental rights requires the observance of reciprocal responsibility between those who exercise freedom of expression and thought. Both parties must be guided by mutual respect, avoiding abuse, defamation, slander and other forms of violation of rights. Liability for the violation of these rights may result in civil, administrative and criminal penalties.


Conclusion:


Freedom of expression and thought are fundamental rights that must be protected for both parties involved in a communication context. Reciprocity in these rights implies mutual respect and consideration of the limits of others. The balance in the constitutional protection of these principles is fundamental to guarantee a democratic and harmonious coexistence. Mutual responsibility among those who exercise freedom of expression and thought is essential to avoid abuses and violations of the rights of others. Thus, it is necessary that the civil, administrative and criminal spheres act in line with the legislation, jurisprudence and understanding of the Federal Supreme Court (STF) in order to promote this balance and ensure the full exercise of these fundamental rights.

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