THE COLLISION BETWEEN THE SOCIAL FUNCTION OF LAW AND FREEDOM OF EXPRESSION IN THE DIGITAL AGE: AN INVITATION TO PROPORTIONALITY

Abstract

This article aims to analyze the application of the principle of proportionality as a
way to reconcile the fundamental right to freedom of expression with the social function of the
Law, especially in the so-called Digital Age. To this end, the deductive methodology is used,
based on a bibliographic review of the doctrine, as well as an analysis of national and foreign
legislation and jurisprudence. In the work, initially, conceptual and historical aspects about the
institutes of the social function of Law and freedom of expression are fixed. It establishes a
comparative overview of the legal protection given to freedom of expression in the United
States of America, Germany and Brazil, based on paradigmatic judgments handed down by the
respective Constitutional Courts. It also addresses the concept and possibilities of application
of the principle of proportionality. Finally, the results show that the principle of proportionality
can be used as an effective legal tool to solve these dilemmas inherent to freedom of expression
in contemporary society.