Restriction on freedom of speech and right to information in the information society: WhatsApp applicative services case

• Autor(a) principal: Macedo, Caio Sperandéo de
• Data de Publicação: 2018
• Outros Autores: Bastos, Juliana Cardoso Ribeiro, Chaccur, Ricardo Cotrim
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica Direito e Sociedade - REDES
• Texto Completo: https://revistas.unilasalle.edu.br/index.php/redes/article/view/4775
• topic: Digital Environment; Public Security; Freedom of Speech; WhatsApp; Constitutionality Control.; Direito Constitucional - Direitos Fundamentais; Meio Ambiente Digital; Segurança Pública; Liberdade de Expressão; WhatsApp; Controle de Constitucionalidade.

Since 2015, the app known as WhatsApp has suffered a series of judicial blockades of its services as a way of punishment because of the company’s refusal, owner of the application, to deliver the data of its users, or to allow their interception. The grounds for such controversial decisions are based on the protection of public security, resulting in an apparent conflict between two fundamental rights, a debate that is not restricted to the national sphere and which resulted in the ADPF 403 proposed by the Political Party PPS at STF and Which is currently awaiting judgment, and may become a milestone for the protection of the right to freedom of speech and information, as recommended in the Federal Constitution of 1988, under the aegis of the already characterized information society. With the intention of analyzing said judicial decisions considering the constitutional rights that surround the case, this article will be based on a doctrinal and jurisprudential analysis, being its qualitative method of study.