A (im)possibilidade de limites estatais à liberdade de expressão artística humorística "politicamente incorreta" em relação a grupos vulneráveis e/ou historicamente estigmatizados

Abstract

Towards the constitutional democratic commitment attributed to the State in propitiating an "atmosphere" favorable to satisfaction of the both individual and social rights - in consonance with the supreme valuables of a free society, equalitarian, fraternal, pluralist and without prejudices -, it complies to the present study to analyze such goal specifically in relation to the role in compatibility to freedom with equality in the difference, in face of the phenomenon of the artistic humoristic manifestations of the "politically incorrect" that take as a joke goal vulnerable groups and/or historically stigmatized. Nevertheless, the precise recognition of this compatibility, in the indicated case, it demands a selective analyze duly contextualized to not fall back in undesired fortuitous speech, in overstatement preciosity, in subjectivism of motivation merely emotional, and in tyrannical perspective for the service of majoritarian groups (it may configure, for instance, specie of tyranny of the majority), our for the service of minority groups (it may configure, for instance, specie of tyranny of the “politically correct”). This paper, linked to line scientific "Constitutional jurisdiction and realization of fundamental rights and guarantees" of the FDV (Faculdade de Direito de Vitória), proposes identifying the compromise of the State towards the referred phenomenon, and thereby conceives guidelines apt to guide the legitimate and satisfactory way. Under the dialectic exercise of a constant contraposition of ideas, this paper proposes identifying, raising and confronting some arguments often summoned in the public sphere of debate to discuss, justify, support, enrich and condemn the extreme theories which polarize a reflection around of the thematic. This methodological effort demands a guideline, a conducting wire, a way which guides all the referred contraposition of ideas. Thus, it is the basis theory from which may extract the substratum for a committed confrontation. This paper pursuits the theory of freedom by Philip Pettit, in special his perspective of freedom as no-domination and the freedom as discursive control, and it works the main postulates of the cited theoretical basis. Along the structure of the text, a perspective of the cited author, from the school of the neo-republican thought, is mentioned mainly in chapter 1, while chapter 2 is more focused about the problematization of the phenomenon of artistically humorous manifestation politically inaccurate managed to vulnerable groups and/or historically stigmatized, and for the chapter 3 deals with the confrontation of the problem described in chapter 2, considering the postulates adopted as ideals and valuable in chapter 1. From this proposal of confrontation this research pursuits to answer the following questions: Is it possible, under the light of the fundamental democratic Brazilian order, the State to restrict the content of the determinate artistic humorous “politically incorrect” towards vulnerable groups and/or historically stigmatized? What is it the role of the State towards of this problematized affair, specially towards the constitutional democratic commitment of acting in harmony with the supreme value of a free society, however egalitarian, and of a pluralist society, but without prejudice?