Sumário:Part I: Some representative brazilian cases: Prohibition of Mein kampf (2016). Prohibition of biblical billboard quotations during the gay parade (2011). Marijuana march (crime advocacy) (2011). Levy Fidelix case (2014). Ellwanger case : Supreme Court : racism and holocaust denial (2003) -- The character of the brazilian debate. The implicit method of interpretation: Human dignity and the need for balancing -- Part II: Some lessons from the US experience: Foundational critiques to the very concept of freedom of expression (its main rationales): The concept of free speech requires a political conceptualization. Some rationales of free speech: Self-government. The fourth state rationale. The marketplace of ideas. Self-fulfillment and individual autonomy -- The development of a rich conceptual apparatus: The nature of language incitement and advogacy. Lessons from experience and possible consequences. Lesson about content-based/content-neutral distinction. "Special circumstances" -- Methodological innovations (the alternative to ad hoc balancing): The rejection of absolutism, ad hoc balancing and unitary standard.