O público não-estatal na comunicação social como possibilidade de aprofundamento da democracia constitucional brasileira

Abstract

The fundamental rights and the other stony clauses, mechanisms of preservation of the spirit of the constitution and the minorities inside of a political society, only exist throughout their interpretation and application by the constitutional jurisdiction. It is not possible to disregard the strong political aspect of the constitutional jurisdiction, even more when we have in sight that fundamental rights are principiological norms with indeterminate content, which is determinable only in the concrete case, what gives the judge a great edge of choice. To do not let the constitutional jurisdiction completely move away from the yearnings of the political community, resulting in rupture of the democratic principle, Härbele proposes the participation of the community of interprets in the fulfilling of the meaning of the constitutional text. If, on the one hand, the model of open society of you interpret is more democratic, on the other hand, it is also more vulnerable the influxes of a hegemonic ideology. It is necessary to understand the phenomenon of the mass communication because of its great capacity of uniform the representation of the reality, as well as to think about the situation of the great concentration in the sector of the communication in Brazil, having in sight the international debate on the new world order of information and communication. With the goal to establish a reality where the media function more for the increase of democracy that for its decrease, this work discusses the importance and the possibilities of a public non-state communication system, side by side with the state and private systems.