A utopia da liberdade de expressão num suposto estado democrático de direito / The utopia of freedom of expression in an allegedly democratic state

The latest demonstrations in Brazil have rekindled the debateon the State’s recourse to repressive action. The purpose of thisarticle is to establish that the attempts to classify such conduct as terroristbetray the State’s obliviousness to the fundamental rights of assemblyand expression. The methodology used is the bibliographicaland documentary descriptive research. The central issue focuses onthe fact that Criminal Law has been the instrument used by the ThreeBranches to silence protests. Social protests are legitimate under theConstitution, as long as they abide by the limits imposed therein. It isthe State’s responsibility to ensure that these rights can be exercised.Rather than solve social problems, attempting to silence a dissatisfiedsociety transports them to a yet more complex dimension in whichthe frustration toward, and distrust of, institutions are translated intoviolence