Banca de DEFESA: RAINEL BATISTA PEREIRA FILHO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : RAINEL BATISTA PEREIRA FILHO
DATE: 22/12/2021
TIME: 14:30
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

SOCIAL NETWORKS AND LIMITS TO FREEDOM OF EXPRESSION: NEW CHALLENGES FOR DEMOCRACY IN THE INFORMATION AGE

KEY WORDS:

Democracy. Political liberalism. Social Networks. Freedom of Expression. Hate Speech.

PAGES: 103
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation investigates how the freedom of expression established in the Federal Constitution is inserted in the context of the democratic regime, considering its current form of externalization through social networks. In this context, the possibility and forms of limiting the freedom of expression are questioned, considering the normative establishment of the institute in the 1988 Constitution and in decisions of the Federal Supreme Court. The theme is vibrant and current, as although the doctrine tries to conceptualize the institute, there are few studies on how such freedom is exercised in the context of the internet, with an intense debate in societies to define the limits of freedom of expression and whether the referred fundamental right is subject to regulation by the State. Judicial decisions that define the concept of freedom of opinion and its limits are evident in the daily news, considering the increasing proliferation of hate speech. In order to develop the analysis of these questions, an attempt was made to investigate the concept and limits of freedom of expression in accordance with the Brazilian normative framework. Thus, it starts with the construction of a constitutionally adequate concept of democracy, investigates the characteristics of human communication in social networks, analyzes models of interpretation of the institute that are very different from each other: the American and German models. At the end, it investigates which of the two exegetical paradigms would be in line with the Brazilian legal system and its sociocultural framework, based on a critical analysis of the conceptual modalities presented. Thus, an applied research was carried out, using the hypothetical-deductive approach as a conceptual and exploratory model based on a qualitative approach to the identified problem. In the end, it concludes for the lack of secure beacons based on the jurisprudence of the Federal Supreme Court, able to provide the interpreter with a magnetic north to set limits to freedom of expression and seeks to contribute to the delimitation of an interpretation of the institute in Brazil, pointing out that an anchored approach from the perspective of German communitarianism, it would be more in line with the Brazilian legal system and its historical-cultural tradition.

BANKING MEMBERS:
Presidente - 1675264 - RICARDO TINOCO DE GOES
Interna - 1657901 - YARA MARIA PEREIRA GURGEL
Externo à Instituição - ROSIVALDO TOSCANO DOS SANTOS JUNIOR - ESMARN