Liberdade de expressão, democracia, desinformação e autorregulação regulada

Abstract

This paper, using the deductive method, focuses on the issue of freedom of expression, since its emergence in the context of the emergence of the Classical Liberal State, at the end of the 18th century, especially in the context of the Constitution of the United States of America and the French Revolution. It explores how its conformation and interpretation was, especially in the judicial praxis of the Constitutional Courts of Germany and the USA, through the study of concrete cases to then make a reinterpretation of the cases decided by the Brazilian Supreme Court, with emphasis on the Ellwanger Case and for ADPF 130, this one especially from the perspective of out-voted votes. Then, the problem of freedom of information is analyzed in the context of Revolution 4.0 and the impact it has generated for democracy, especially due to the phenomenon of disinformation and algorithmization (surveillance capitalism). Finally, it is offered the establishment of a legislation for the regulated self-regulation of the media, having as a parameter the German Social Media Application Law (NetzDG), as a way of mitigating the repercussions of fraudulent news on democracy, a measure that is fully constitutional, considered the qualified legal reserve of CF/88