Democracia, abuso de poder econômico e liberdade de imprensa: o casa da suspensão temporária da exibição do documentário “quem mandou matar Jair Bolsonaro?” à luz do ordenamento jurídico brasileiro

Abstract

The present work aims to analyze the apparent conflict of norms between freedom of expression/press, as defined in art. 220 of the Federal Constitution, and the abuse of economic power, of art. 14 §9º of the CFRB, in the context of the 2022 elections, to analyze the preliminary ruling of AIJE nº 0601522­38.2022.6.00.0000. The Judgment suspended the screening of the documentary "Who ordered Jair Bolsonaro to be killed?", by the company Brasil Paralelo in the 6 days before the 2nd round of the presidential elections. Using the inductive method, using bibliographical and jurisprudential research, we sought, in a qualitative way, to outline the political­electoral context of the year 2022, to outline the ideological parameters that underpin the work carried out by Brasil Paralelo, as well as the documentary "Who ordered the murder of Jair Bolsonaro?", and legally analyze the apparent conflict of norms arising from the trial carried out within the Plenary of the Superior Electoral Court, which suspended the airing of the documentary until the 2nd round of the elections. Finally, the work presents as a conclusion the understanding that Freedom of Expression has great importance in the Brazilian legal system and in liberal democracy, but should not be considered absolute, especially in cases that involve great risk to the maintenance of normality and legitimacy. elections, principles that also support the Democratic Rule of Law.