Liberdade de expressão em ambientes virtuais: a influência da era digital na garantia da cultura democrática.

Abstract

The free manifestation of thought obtains spotlight on the current scenario, since in the face of the digital innovations and the easy access to knowledge, transform the manner in which people communicate and see the world. Henceforth, the present study tooked care in approach the right to freedom of speech in the virtual environments and its influence on the guarantee of the democratic culture. For that, it was necessary to observe the principle, consecrated on the CRFB/88, examining its historical evolution and its application inside the digital environment to understand its influence with the values of the democratic state of law. Furthermore, it was critical to observe the practical cases that address the right to freedom of speech when in conflict with others. It was then executed a qualitative and explanatory research supported by the bibliography that covers the subject. In this sense, the results obtained indicate that freedom of speech has been limited, in some situations, to secure other fundamental rights. Likewise, it was also indicated that the existent mechanisms inside the virtual platforms aim profit, misinformation, manipulation of behavior and thought, wich influences the attenuation of the democratic values, since it affects intimacy, freedom of speech, its ramifications and the rights of personality. In the face of the presented, it was possible to conclude that, on this issue, there are already normative instruments such as the Federal Constitution of 1988, as well as others norms, such as the Civil Landmark for the Internet, the LGPD, the Law n° 13.709/2018, Nacional Politics of Informatics (Law nº 7.232/1984), the Civil Code (Law nº 10.406/2002) and the Law of the Cybernetic Crime (Law nº 12.737/2012), all which approach important issues on the protection of privacy on the digital environment. These laws, along with the guidelines of the platforms, educational incentive and stricter inspection, boost a safer environment that mitigates the risks imposed on the democratic system. That way, despite the benefits arising from the advances of the Internet, the challenge in assuring a safe space for the effectiveness is also crescent.