Direito à liberdade de expressão: Crítica ao PL 504/20 do Estado de São Paulo sob a ótica filosófica de John Stuart Mill

Abstract

This research aims to clarify the theory of freedom of John Stuart Mill, British utilitarian philosopher, having as a guiding thread the work On Lyberty dated 1859. First, we will deal with the understanding of the right
to freedom, in particular freedom of expression and obstacles that pervades, as it is a right that normally conflicts with other fundamental rights. Furthermore, clarify the relevance of the free expression of ideas and opinions for the evolution of society. Among the impasses suffered, this work will emphasize the Law Project No. 504/20 of the State of São Paulo and how this suggestion of amendment violates the fundamental rights of the individual, in particular the right to freedom of expression and the constitutional guarantees of the community LGBTQIA+. The work was carried out using the deductive method and bibliographical research.