Freedom of speech is a general conception of human rights, not any one particular law. Governments can choose to respect (or not!) those rights, but the idea applies to everyone.
Not for legal purposes, it isn't. Unless you're arguing the morality of the Brazilian Constitution and the limits it imposes on freedom of speech in some scenarios, such as outlawing racism.
The judge doesn't care about the morality of his decision. He shouldn't care. He is there to decide what's lawful and unlawful based on the facts and on the law.