Journalistic Information Law and Press as Democratic Right

Abstract

This article aims to reflect on the right of press and the role of the press in a democratic state. The 1988 Constitution contains the fundamental right to information broadly in its different dimensions: the right to inform, the right to inform and the right to be informed, and at the same time, also admits specific protection to freedom of press. These two perspectives, the backdrop is similar, respect the principles of human dignity and democratic rule of law. From a theoretical methodology, seeks to establish four central themes of discussion. In the first, it analyzes the change of movement of the notion of freedom of the press to freedom of press. In the second, it talks about the constitutionalization of the right to freedom of press and information, and the next step on the freedom of press as autonomous rights in the Brazilian Constitution of 1988. Last, the fourth axis, it address the internal and external limits of freedom of press. Thus, it concludes, the journalistic activity, despite its protection in the constitutional order, is not absolute, and must always worry about the reconciliation and harmonization of other fundamental rights.

Keywords

• Direito de informação
• Estado democrático de direito
• Imprensa
• Liberdade de informação jornalística