NASCIMENTO NETO, A. A.; http://lattes.cnpq.br/8487062294300441; NASCIMENTO NETO, Antônio Acácio do.
Resumen:
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.