O princípio da presunção de inocência-análise do seu alcance após o julgamento do habeas corpus 126.292/SP.

Abstract

This work is subject to legal and social analysis of the right to freedom of expression in social networks. In that way it is found that the fundamental rights, among which is part of freedom of speech, shown as the cornerstones of a democratic state, highlighting the Major Law, as well as infraconstitutional legislation. It is worth mentioning that, despite the importance that it has the right to freedom of expression does not have absolute nature, being mitigated in favor of other equally fundamental rights, finding in the law limits on their applicability. It happens that the existing gaps in the laws make the judicial power entrusted with the resolution of these apparent conflicts of norms. It is recorded that the research at issue deals with the right mentioned under the virtual sphere, especially in the use of social networks, virtual tools that every day, have been gaining room in the legal and social context. Considering the social networks, freedom of expression in shown as one of the ways users find to express their opinions, thoughts, among others. Hence, we ask what is the best criteria adopted in order to bring a less harmful solution to the existing collision between the fundamental right to freedom of expression and other fundamental rights also protected, with emphasis on the rights relating to personality. This work shows the principle of proportionality as essential to end up conflicts, toward optimizing and not excluding any of the rights involved. Furthermore, it demonstrates the position of the courts on the subject, and the difficulty caused by the lack of specific legislation. Starting from this premise, the consequent analysis of legal and social consequences of exercising the right to freedom of expression in social networks is considered the overall goal and to achieve it, it is used the deductive method as a method of approach. Moreover, it is used the usual methods of literature search and data collection. As well as a method of procedure, there is the historical-evolutionary and comparative. Based on the foregoing, it is clear that the need to thoroughly study each reported point, so you can understand the risen goal.