Os atos antidemocráticos e as eleições gerais de 2022: a liberdade de expressão em xeque

Abstract

This article brings some reflections on the (anti)democratic context of the period of the general elections that took place in the year 2022, from the perspective of some severe shocks caused in the structure of the Brazilian Democratic State of Law, especially with regard to the demonstrations that occurred during the electoral process and after the results of the polls. In this way, it is understood that one of the pillars of essential support and formation of the principled basis of our democracy, is freedom of expression, a right recognized as fundamental by Democracy, which, entitled by all those who are in our State , cannot be exercised in an unrestrained and even unlimited way by any of us. That said, from the moment that, in the supposed exercise of our political freedoms, such as freedom of expression, we assume that their nature is absolute, we put in check, which is one of the axioms of democracy in our country, in addition to confronting the Majority Principle regarding the legitimate outcome of the polls. The work is developed from the context of democracy and its institutional framework as the main source of a Democratic State of Law, bringing to the discussion theoretical foundations and legal literature that strengthen the (anti)democratic, and even criminal, sense of such acts. The conclusion derives from crimes and reasonable developments in the context, striving for coherence between democracy and the true meaning of political and party manifestation.