The freedom of expression of the state military server in social networks

Abstract

This research aims to analyze the fundamental right to freedom of expression, in the state military scope, taking into account that state military servants follow a stricter legislation in relation to civil servants. It is proposed to investigate within the limits of the fundamental right to freedom of expression of the military public servant, the compliance with the theory of limits to the limits of fundamental rights, in the current digital democracy. The problem that guides this work raises the question about the free expression of opinion and thought, of these employees, on social networks. Starting from the reality, in which the state military servants, from Brazil, exercise their functions in the Democratic State of Law, the objective of the present research is the search for the realization of the fundamental right to freedom of expression, within the legal limits interpreted according to Brazilian constitution and, thus, the strengthening of democracy in Brazil. In order to fulfill this proposal, a jurisprudential and bibliographic research was carried out on the theme, concluding that the military legislation that limits the fundamental right to freedom of expression is incompatible with the Brazilian Constitution of 1988, and a new legislative design should be carried out in the Castro sphere.