Comunicação social na Constituição: as concessões de radiodifusão para titulares de mandatos eletivos

Abstract

Considering the importance of social communication in the implementation of several fundamental rights, such as freedom of speech and the right to information, this topic has received constitutional treatment. Exploring this topic, it is possible to encounter both attempts towards democratization by groups that defend diversity and plurality in communication, as well as political and economic pressure from media groups seeking to maintain a centralized and unregulated status quo. Several of the current constitutional apparatus relevant to the subject have no applicability due to a lack of political will observed so far through a lack of enforcement or by simply disregarding them through misinterpretation of the Constitution. A topic considered important within this scope is that of the frequency broadcast licenses given to politicians. It is shown - through the principles of the Constitution, the current legislation, and of legal understanding related to the topic - that it is not possible to conceive such licenses in brazilian legislation. The fact that a politician can influence the agenda of a station over which they have power illustrates the distortions to the right of information possible under such circumstances. A constitutionalized treatment of social communication, fundamental to the development of democracy, must be implemented in order to begin to address the broader democratization of Brazil.