Discurso humorístico: expressão e censura no direito brasileiro

Abstract

Freedom of expression has expanded, especially because of the increase of social media, which intensify the conflicts motivated by the impact of different ideas. Humor has always been present in human history and now it reaches a new level as a form of expression due to professionalization of comedians and the prompt diffusion of their messages through the media, causing discussions about its limits and the possibility of State restriction of the speech. Therefore, this research intends to connect freedom of expression and humor, outlining its concepts, characteristics and main theories. Understanding the importance of humorous discourse as an instrument of criticism with the potential to influence public opinion due to its capability to break through tenets, the theme can be considered as a relevant object of academic research. Thereby, these contemplations are needed for the analyses about the way humor is inserted in society and how it could be understood by the Judiciary that has the attribution to determine responsibilities and inhibit humorous conduct. Thus, the research questions the jurisdictional action and the censorship, approaching the theory of free market of ideas as a counterpoint to the state control of humorous discourse. This study was based on the dialectical method and developed through bibliographical research and jurisprudential understandings