Tecnologia social destinada ao exercício do direito de resposta: uma abordagem interdisciplinar do conflito entre a liberdade de imprensa e os direitos da personalidade

Abstract

In the present paper, it was tried to give a different treatment to the problem of the collision between fundamental rights, more specifically, the conflict between the freedom of the press and the rights of the personality, through an interdisciplinary approach involving Law, Social Management and Journalism. Persons who respond to investigations and legal proceedings and who under these conditions are victims of offenses and pre-convictions issued by vehicles of communication, demonstrating that the answer provided by law (actions to repair damages and the right of reply) are ineffective for the protection of their rights of the personality, proposing an on-line social technology aimed at the exercise of the right of reply. In order to reach this proposal, a qualitative research was used, using the techniques of documentary research, bibliographical review and field research (semi-structured interviews), starting with a critical study on the role of the press in the criminal process, having as a premise the demystification of the idea of a "fourth power", notably because of its linkage with large economic agents, which often compromises the impartiality and even the veracity of information, resulting in the replacement of the middle ages exploitation of the person investigated or accused. This was followed by a dogmatic study of fundamental rights, dealing with theories that seek to resolve the collision between these rights, starting with the distinction between rules and principles, to the specific conflict between freedom of press and the rights of the personality, recognizing the relativity of these rights, as a consequence of the jusnaturalist doctrine that bases the present work. The dialectical method was used for the development of the research, having as presuppositions: a) the proof that the production of the mentioned illicit acts proves to be a compensatory activity for the communication vehicles, due to the ridiculous values set in actions of repair of Damages, when compared with those received as advertising; b) the timing of the proceedings also contributes to the perpetuation of this kind of illicit act; c) the difficulty in obtaining the right of reply in the case of an early guardianship is contrary to the rights of the victim's personality, since the late exercise of that right renders it often meaningless. It was tried to demonstrate that the virtual territory can be used for the defense of fundamental rights, through the creation of a social technology online for the exercise of the right of reply, relying on the innovations brought by social media, which should guide the operation of the said technology, whose layout is presented at the end.