Is it for the State to censor Christ’s temptations?: considerations about the (im)possibility of excluding content in the digital medium from the perspective of the Porta dos Fundos and Netflix Case

Abstract

This work focus on the protection of the fundamental right to freedom of expression in the conflict involving the Porta dos Fundos channel and the streaming company Netflix, arising from a judicial representation promoted by a religious association before the State Court of Justice of the Rio de Janeiro. The second instance of the local Judiciary, based on the need to protect values considered sacred by the Brazilian population, determined the exclusion of artistic material conveyed by the companies mentioned. The research questions whether the judicial protection in the specific case is compatible with the parameters defined by the inter-American Human Rights System in relation to the lawful restriction of freedom of expression, which are binding for the Brazilian State. The investigation was carried out using the deductive method and from documentary and bibliographic sources, with emphasis on decisions and reports by the Inter-American Court and Commission. The development of the work is divided into two parts: first, the factual and legal aspects of the concrete conflict were analyzed, and then the parameters that define freedom of expression in the inter-American System were investigated. It was concluded that the judicial decision of the local judicial body contradicted the regional determinations regarding the protection of human rights.