ANÁLISE DA CONSTRUÇÃO FILOSÓFICA E JURÍDICA DA LIBERDADE DE EXPRESSÃO NA INTERNET E SUA ABORDAGEM NA ESTRUTURA CURRICULAR DE UM CURSO DE DIREITO NA CIDADE DE SANTA MARIA/RS

• Autor(a) principal: Kopstein, Marcos Antunes
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional Universidade Franciscana
• Texto Completo: http://www.tede.universidadefranciscana.edu.br:8080/handle/UFN-BDTD/882
• topic: Liberdade. Liberdade de Expressão. Tecnologias de Comunicação e Informação. Internet. Ensino Jurídico.; Freedom. Freedom of Expression. Communication and Information Technologies. Internet. Legal Education.; Humanidades e Linguagens

This dissertation intends to predispose conceptions that give rise to an amplified understanding about freedom of expression, including on the Internet through social networks, forums and blogs. Thus, theoretical issues are first investigated, encompassing political, historical, social and philosophical development in relation to freedom in a broad sense, in order to arrive at key aspects that form freedom of expression. It focuses on the development of human civilization, especially in Greco- Roman societies and in the historical moments that paved the way for the current western contemporaneity, such as the English, French and North American revolutions. Still, the idea of the construction of freedom is studied through the understanding of four great thinkers: Thomas Hobbes, John Locke, Jean Jacques Rousseau and Immanuel Kant. And through their influence come political, social and cultural movements, namely: liberalism and romanticism, which have leveraged several basic principles that act today for the smooth functioning of democratic societies that respect human rights and freedom, and within it the free manifestation of thought also holds enormous support. Moreover, after several theoretical explanations, it focuses on the analysis of national and international rules that corroborate the concept and relevance of freedom of expression and the Brazilian Judiciary's position on it, how it acts and what are its limitations, through of three court decisions that will be examined in this paper. Thus, it can be inferred from this how freedom of expression arises, and should continue to focus on the development of the concept, the main subspecies and relevance of this free expression of ideas, opinions and longings for the Western world, including inquiring about human communication and the media as propellants of that freedom, which despite its enormous relevance is not an absolute but relative right that cannot undermine other rights of equal equivalence. Finally, it is investigated how legal education provides for freedom of expression, including on the Internet, through the analysis of the Brazilian Law Courses, specifically highlighting the curricular structure of a higher education institution in the city of Santa Maria in Rio Grande do Sul, to better understand how the theme of freedom of expression on the web is exposed during the Bachelor of Law. Thus, it is anticipated that the research for the construction of these writings is qualitative and quantitative, covering methodologically based bibliographies of the most diverse areas of knowledge and the documentary analysis of various legal rules and research highlighted in electronic sites.