Direito à liberdade de expressão versus direito à informação: em busca da construção da cidadania e da compreensão esclarecida na democracia brasileira

Abstract

This study seeks to analyze the conflict between the human rights to freedom of expression and information in the context of the phenomenon of political disinformation in Brazil. Recent historical events have established a communicative framework, in the democracies of several countries, marked by the use of technologies as a reach platform, and disinformation as a political weapon. To conduct the research, the deductive method of analysis was adopted. The applied methodology consists of interdisciplinary bibliographic research on the relevant subject, the study of judicial decisions from Brazilian higher courts, review of journalistic articles that portray specific events related to the subject, and a critical analysis of bills that aim to regulate communication in social networks in Brazil and confront disinformation. Furthermore, the research is based on the hypotheses that (i) enlightened understanding currently represents an indispensable element for the construction of citizenship and democratic functioning, and (ii) that it is possible to mitigate the effects of political disinformation in Brazil through policies aimed specifically at confronting political disinformation. The research has three development chapters. After introduction, the first chapter addresses historical aspects related to the human rights conflict in question. Here basic concepts are established, such as enlightened understanding for Robert Dahl, political truth for Hannah Arendt, and public opinion for Walter Lippmann. Historical events of the 20th century that elucidate the trajectory of the phenomenon of disinformation until it reached over into 21st century politics, both in Brazil and in other countries, are also explored. In addition, this chapter also addresses social phenomena related to the human psyche, which are the effects of the Echo Chamber and Confirmation Bias, which have direct repercussions on disinformation and contribute to its aggravation. The second chapter deals with the legal aspects of the conflict, especially with regard to the notion of truth in law as a value subject to legal protection in the 21st century. It also addresses the mechanisms available in the Brazilian legal system to hold agents who operate with disinformation tactics accountable. In this chapter, the theoretical analysis is based on concepts of jurists such as Conrad Hesse, Paulo Gonet Branco, Gilmar Ferreira Mendes, among others. The third chapter is specifically concerned with analyzing public policies, their main types in the specific context and how they can be instrumental in mitigating the problem of misinformation and the conflict of human rights. Based on the concepts of public policies outlined by Leonardo Secchi and adopting the criterion of regulation as the guide, the chapter is structured by analyzing policies that have Public Administration branches (legislative, executive and judiciary) as policy makers. These include legislative proposals, measures for media education, promotion of independent fact-checking agencies, and monitoring disinformation by the electoral justice system. At the end, conclusive considerations are drawn about the issues dealt with and the hypotheses formulated.