Direito de informação e justiça para a consolidação da cidadania

Abstract

This theory tries to analyze facts that refer to the democracy of the Brazilian State and the freedom of expression. Certainly the democracy ideas and of freedom of expression they are inseparable. Since the year of 1988, the country counts with a democratic Constitution, to guarantee is the right of manifesting the thought. It is very logical to place the freedom of expression as a condition sine qua non to the democratic practice, because, if the democratic regime is that in that all are entitled of participating direct or indirectly of the superstructure and of the infrastructure, this is opposed exactly to the authoritarianism. Authoritarianism, like this understood in a simple way, it would be the restriction of the manifestation of the thought. It is like this, with the authoritarianism, the social control became more effective, because a minority determined what she could express, once the thought in itself is not susceptible to control. The bibliographical research was used, with base in the main works of Right procedural, constitutional and civil, as well as, in found them in the field of the philosophy and sociology, in foundation character and complementation of the juridical theory. They took place, still, a research in the extent of the juridical technique and in the pertinent legislation, with priority to the Brazilian. They also took place the deductive method of research, always with the aim of rendering contribution, even if modest, in search of solutions to the current problems of the Justice. It was verified that the inefficacy of the disciplinary laws of the concessions of the channels of radio and television, in Brazil, is a relevant fact that it deserves a deepened study. This concern is justified because of the great influence of the broadcastings, mainly of the radio and of television, on the individuals. It is what is called cultural industry, where there are a standardization of values and social faiths not always natural , because favorable ideologies are created the holders of the power of the means of information. There is a minority that controls the channels of radio and called television of concessionaires. The State, through the process auction, selects the installment of the communication service, being celebrated, in consequence, an administrative contract: the concession. They are considered, therefore, the communication a service of public usefulness