The contributions of Ayn Rand's Objectivism to the control of hermeneutic Subjectivism that currently limits the right of personality of freedom of expression in Brazil

Abstract

There is subjectivism in judicial decisions – especially in the Federal Supreme Court (STF) and the Superior Electoral Court (TSE) – derived from interpretations of general clauses and indeterminate legal concepts of the Constitution of the Republic (CRFB) and infra-constitutional legislation. This lack of objectivity represents the phenomenon of "hermeneutical subjectivism" and brings with it arbitrariness and legal uncertainty, which at present inhibit the right to freedom of expression and may, in the future, increase the extent of the damage caused to personality rights involving freedom as a whole.

DOI:https://doi.org/10.56238/sevenIVmulti2023-125