Liberdade de expressão, mediação estatal e pluralismo: perspectivas de regulação da mídia televisiva brasileira

Abstract

This dissertation proposes to investigate whether the current regulatory framework regarding the Brazilian public service of sound and image broadcasting is capable of guaranteeing and promoting constitutional requirements, such as freedom of expression, in its threefold projection - freedom of the press, law information and the right / duty to inform, and political pluralism in its two strands, internal and external, within the sector. The research is important because of the absence of an effective agenda that addresses the regulation of Chapter V of the Federal Constitution, composed of articles 220 to 224, by the National Congress. In order to do so, the study presents studies on the legal nature and the scope of protection of freedom of expression and pluralism in the electronic communication, critical analyzes on the structuring of the public service of broadcasting in Brazil, focusing on the open television in the public systems, private and state, and in the shortcomings of the current legislation that disciplines the sector and allows the existence of anomalies in the broadcasting market. In this way, the incompleteness of infra-constitutional legislation that regulates the commercial broadcasting service was diagnosed, because it allows and gives rise to a series of inconsistencies that undermine the guarantee of freedom of expression and pluralism. In addition, it was verified that there is no public system of impartial and fiscalizing communication in Brazil, unrelated to governmental interference, whose central objective would be to supervise the acts of the Public Power, promoting the participation of society in the choice of political agendas. Finally, based on the premise that the exploitation of the broadcasting service takes place primarily in the commercial form, the work investigated such consequences for freedom of expression and for pluralism, considering that the commercial system needs to take into account the preferences of its public. For this, specialized bibliography of the Political Communication was used in guaranteeing pluralism in diverse political contexts through a comparative analysis with the United States. The analysis was made due to the commensurability existing between the two media systems, and diagnosed that even Brazil having aspects similar to the North American logic, still distances itself regarding the public initiative and the promotion to the competitiveness.