A desinformação e os direitos comunicativos : visão do STF, eficácia de controle e possibilidades de enfrentamento

Abstract

In the information society, public debate expands to new spaces and the construction of consensus suffers interference from all elements of the informational process. The new forms of communication allow a more active participation of the citizen. Democratic deliberation takes place in a new public sphere, which must also respect human rights and communicative rights, essential values in the Democratic State of Law. The communicative mosaic receives broad constitutional protection in view of its individual and collective dimension, protecting all actors in the communication process in their right to express themselves and to seek, receive and disseminate information. Although a preferential right, freedom of expression is restricted when it misrepresents its communicative purpose. Thus, not every manifestation is protected. Disinformation brings severe damage to the Democratic State of Law and does not fulfill its communicative function. For this reason, the legal system does not tolerate the circulation of fraudulent and harmful content for society. There is abuse in the exercise of freedom of expression and the act must be punished and the damage repaired. The problem is to characterize the content as uninformative, demonstrating that it does not carry significant value that guarantees the right to circulate. For the development of the research, the deductive method was used, with extensive jurisprudential, legislative and bibliographic research. It is thought of a possible legal protection of disinformation. The lack of public interest and usefulness of the information remove the informational value of the content and are relevant elements in the verification of abuses of communicative rights. Judicial analysis must be cautious, avoiding that decisions carry abuses and unduly restrict communicative freedoms. After verifying the effectiveness of judicial control as a combat instrument, new possibilities are investigated to prevent the dissemination of fraudulent content and possible abuses in this moderation. As a result, there is a prism of systemic actions to combat disinformation. Along with possible state regulation and subsequent judicial control, the research is relevant because it brings public and private initiatives that combine efforts to prevent the circulation of harmful content, not limited to repairing any damage caused. In these circumstances, the research elects the citizen as the main actor in the fight against disinformation. With this, it is urgent to implement an informational education, with instruments that develop the necessary skills for the individual to live socially in cyberspace.