O direito fundamental à comunicação: perspectivas para um marco regulatório dos meios de comunicação no Brasil a partir da ley de medios Argentina

Abstract

The present work aims to identify mechanisms of democratization of the media for Brazil, due to the great concentration of mass media in the country. It begins by verifying the importance of the right to communication in contemporary society. Also reflects on the delimitation of a concept for such right, still under construction. It analyzes the relationship between media and power and its implications for democracy. Starting from the critical examination of the regulation system which acts on brazilian radio communication means, it identifies flaws and deficiencies, as well as the need for a new regulatory framework. In order to find solutions to some of the identified problems, it adopts as a comparative reference the model instituted by the Argentine Ley de medios (Media Law), extracting from this legislation elements required for a proposal to regulate the media in Brazil. Finally, it points which challenges will have to be overcome for its implementation. The work was done through a bibliographical research, with an interdisciplinary approach, by means of reading and analysing the scientific production of legal authors, and those from philosophy, sociology and communication. It also analyzes the first declarations of rights and the constitutional and infraconstitutional mechanisms contained in the Brazilian legal system. Concludes that some elements contained in the Ley de Medios would comply with the provisions of the Federal Constitution of 1988, which could be received in the Brazilian infraconstitutional order, while others would require modifications in the Constitution itself.