Os limites do controle disciplinar sobre a liberdade de expressão: dos membros da Advocacia-Geral da União: reflexões sobre a participação política na era da democracia digital

Abstract

With the growth of misinformation and the manipulation of public opinion on social media, it is a challenge to reflect on the freedom of expression that is so enshrined, but also so threatened. In this context, the choice of the theme is justified not only because it is socially vibrant, but also because it aims to have a specific approach, considering that the present research seeks to situate the position in which members of the Attorney General's Office (AGU) place themselves, as civil servants public subject to a different legal regime due to their position with typical State activities. After all, while they are guided by disciplinary regulations in their work duties, they are also citizens endowed with autonomy of will and critical thinking. By evaluating the content of devices regarding their prerogatives, duties and prohibitions, the objective is to verify whether (and, if so, how) they can suffer punishments resulting from their publications on the internet. From the perspective of broad citizenship and the democratic principle in the virtual environment, the question is: “To what extent can the Public Administration exercise disciplinary control over the freedom of expression of members of the Federal Attorney General’s Office?” To try to answer, the work discusses the concept and foundations of freedom of expression at strategic points, such as its preferential position and the boundaries of its restrictions, its multifunctional character and conflicts with personality rights, in addition to the contours of the administrative monitoring, given the risks of institutional harassment. Structured through in-depth investigation, the research is classified as descriptive-explanatory, of a qualitative nature, through documentary and bibliographical analysis, in legislation and doctrines, as well as pertinent administrative and judicial decisions, using the hypothetical method- deductive, in a systemic way, based on the Brazilian and international legal system. In the conclusions, through a constructive analysis, some criteria applicable to the possible limits of disciplinary control over the freedom of expression of AGU members are presented, considering the premise that the legitimization of democratic participation, in a free and balanced way in the era digital, it is important to ensure that its members, as agents for promoting institutional purposes, enjoy full freedom in public life, which contributes to the construction of a solid and qualified AGU, linked to the implementation of public policies aimed at meeting the needs social, with an image of valued credibility and committed to the ideals defended in the Democratic Rule of Law.