04.01.2015 Views

O Fututo do Constitucionalismo - Caderno de Resumos [2014][l]

O Fututo do Constitucionalismo - Caderno de Resumos [2014][l]

O Fututo do Constitucionalismo - Caderno de Resumos [2014][l]

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Liberda<strong>de</strong>s <strong>de</strong>mocráticas e suas restrições • 151<br />

majority agrees in produce restrictions can be protected by the constitutive<br />

justification of free<strong>do</strong>m of speech. The critics that Dworkin produces<br />

against the market of i<strong>de</strong>as are that the instrumental justification<br />

<strong>do</strong>es not protect important rights of the citizens as the polemic hate<br />

speech. For example, the Brazilian case of the parliamentary Marcos<br />

Feliciano’s speeches about homosexuality could finish differently.<br />

So, an important conclusion is that, according to Dworkin and<br />

Scanlon, the free<strong>do</strong>m of speech has a <strong>do</strong>uble political justification.<br />

The first one is instrumental, that has a public dimension of protection,<br />

and the second one is constitutive, that is more directed to the<br />

individual rights of the citizens.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!