Abstract

FERREIRA SANTOS, Gustavo. The Media Amidst Regulation and Freedom: The False Dilemma Experienced by Brazil in the Thirty Years of Its Constitution. Prolegómenos [online]. 2019, vol.22, n.44, pp.83-96. ISSN 0121-182X.  https://doi.org/10.18359/prole.3461.

The 1988 Brazilian Constitution brought a set of principles and rules on social communication. However, there was no legislative elaboration of the matters discussed in the constitutional text. This paper discusses the absence of legislative regulation, which is noticeable despite the existence of adequate constitutional parameters. For this, it presents the devices contained in the chapter of the Constitution that deals with the subject and studies a popular legislative initiative, which is still being debated by civil society. As an exercise prior to this analysis, it discusses the complex media-fundamental rights relationship and the justifications for a state regulatory action.

Keywords : Media; democracy; regulation; freedom of expression.

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