Repensando la libertad de expresión desde el abordaje al art. 213 del Código Penal argentino

Abstract

This essay tries to present some critical approaches to the crime determined in the article 213 of the Criminal Code. With this in mind, the criminal offense of apology of crime is contrasted with the individual rights of the people, particularly the freedom of speech. In this sense, the author proposes the revocation of this article, as a consequence of the basis and effects of the article, all these in order to preserve, over the interests that could support this type of prohibition, the plurality of voices in the society. For this, the author appeals to the sense of social tolerance and the principles of reasonability and of necessity of a criminal system when searching and chasing this type of cases.