Rights to freedom of the press and information on the Internet: Jurisprudential considerations

Abstract

This research holds up constitutional foundations described on the model of democratic rule of law and based on more human and solidary convictions. Among the reasons contained in the Constitution, two sides of the freedom of expression are considered: freedom of the press and the right to information - both in order to corroborate to the importance of these values within a democratic society. Considering the relevance of communicative freedoms in the dissemination of plural social ideas for the formation of knowledge, two aspects are analyzed, the information society and the Internet in order to reduce the scope of the research, compressing the field of analysis, involving the rights in question. Thus, focusing on the virtual relations, we seek to understand what decision-making positions in Brazil (from a hermeneutic constitutional vision), in relation to press freedom and the right to information, since there are certain dogmas regarding this means of communication. Finally, it is observed that there is not negative bias over the Internet in decisions analyzed in higher courts, occurring effective application of communicative freedoms, interpreting realand current cases in the light of constitutional prism and nuances imposing the digital environment, as a new reality in which human relations are given.

Key words: freedom of the press, right to information, internet, jurisprudence.