This thesis intends to critically analyze how press freedom is approached in the
Brazilian legal system, based on the study of the insufficiency of the responsibility
model after the harm to the communication channels proposed in ADPF n. 130/2009,
judged by the Federal Supreme Court, due to this conception that any law to regulate
the media activity automatically implies in the risk of prior censorship. Thus, the thesis
starts from the consideration that the absence of law in Brazilian legal is detrimental to
the rights of civil personality for the citizen, as well as being unfavorable to the media,
because it promotes legal uncertainty without instituting what are the normative
definitions for the broadly-broadcast sectors of news that become more exposed to
receiving convictions in the Judiciary. In this context, the model of ulterior responsibility
for harm of the Inter-American Court of Human Rights is proposed, to determine
normative guidelines in the restriction of free speech, which can occur as long as it is
proportional, with clear legal criteria and with respect to the principles democratic. The
thesis aims to expose, from Alexis de Tocqueville and Habermas onwards, the origin
of press having a strong connection with democracy in order to demonstrate the reason
for the judicial reasoning of the STF and the Inter-American Court to associate the
press with democracy. In order to analyze the development of communication
channels and their relationship in the public space, the study of how news
dissemination media are understood from the point of view of media, mediation and
mediatization is developed. The concept known media is approached by McCombs'
Agenda Theory, which is based on the pre-selection process of the data that will be
conducted to the public space and the way in which they will be interpreted, while the
sense of mediation from Thompson makes up the media news as a transmission center
not only for facts, but also for values, culture and education. Further on, the thesis
positions the emergence of mediatization of data flow channels through Muniz Sodré
and Fausto Neto, as it states that the receiver of information is no longer a passive
subject to actively participate in the communication process, which shows change
perspective of the traditional concept of journalism when there is participation of people
within the language of the editorial board. Finally, all the decisions about free speech
of the Inter-American Court are exposed to examine what the criteria are when
establishing limits for the exercise of free circulation of thoughts and news in
democracy, in order to serve as a legal parameter for the Brazilian legal system.
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