Liberdade de informação jornalística e censura na Internet

• Autor(a) principal: Freitas, Ciro Torres
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/6596
• topic: Internet; Liberdade de informação jornalística; Censura; Direitos da personalidade; Internet; Freedom of the Press; Censorships; Personality Rights; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The popularization of the Internet, with its consequent ease of creation and dissemination of and access to the most varied types of content, has made episodes of tension between freedom of the press and fundamental personality rights, already common in other means of social communication, even more frequent. The purpose of this work is to analyse means of resolving these tensions, taking the architecture of the Internet into consideration, that is, its intrinsic characteristics and system of functioning of the applications most directly and intensely related to the dissemination of and access to journalism. One seeks to define, therefore, the circumstances under which, and to what extent, a judge or a court can restrict journalism that infringes fundamental personality rights on the Internet. Therefore, one has adopted the theory of principles, essentially in the way it has been developed by the German legal philosopher, Robert Alexy, as a model intended to resolve the tensions between fundamental rights. From the standpoint of such theoretical model, this work outlines the legal panorama of freedom of the press in Brazil, comprised of constitutional rules, international treaties and subconstitutional law, including the Internet Civil Regulatory Framework, and defines the fundamental personality rights in question: privacy, intimacy, honor and image. Also examined in this work are essential notions about the Internet, and applications are defined that relate more directly and intensely to the dissemination of and access to journalism. In particular, it highlights which specificities the architecture of the Internet confers on journalism, for the resolution of tensions with fundamental personality rights. Finally, by applying the theoretical model herein adopted for resolving tensions between fundamental rights to actual cases submitted to the Courts, we establish derivative fundamental rights norms and propositions that can be applied to situations of tension between the freedom of the press and fundamental personality rights in the sphere of the Internet, that occur under the same conditions, pertinent to the proposal to mitigate the undesirable state of dissonance and unpredictability of domestic jurisprudence related to the matter