Liberdade de Expressão e os Mecanismos de Promoção do Pluralismo nos Meios de Comunicação Social / Free speech and the mechanisms that aiming to promote pluralism in the media

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

01/07/2011

RESUMO

The purpose of this paper is to demonstrate that regulatory intervention aiming to promote pluralism in the media is consistent with the democratic order established by the Brazilian Constitution of 1988, and has a fundamental role in ensuring full exercise of the right to freedom of expression. We shall reveal hereinafter that the above proposal is in harmony with contemporary conceptions regarding the democratic regime, all of which arisen in the second half of the twentieth century. Thus we shall explore constitutional principles that focus on such discussion; namely, political pluralism, freedom of expression, and the duty of proportionality which binds public authorities actions. We shall outline regulation concept boundaries, depicting the discussion upon their applicability to the media sector and the types of public policies that are common in this sense, including the promotion of pluralism. Consequently we shall list the mechanisms to promote internal and external pluralism as verified in comparative law. In light of the understandings comprised in the text and of the discussions in vogue on the media market regulation, we shall hereby propose construal parameters concerning future public policies aimed to promote pluralism in the Brazilian media market.

ASSUNTO(S)

democracia liberdade de expressão pluralismo (ciências sociais) direito publico democracy political pluralism external pluralism internal pluralism free speech duty of proportionality state intervention regulation comparative law communications media

ACESSO AO ARTIGO

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