Estado de coisas inconstitucional no direito fundamental à comunicação: análise do regime jurídico da radiodifusão audiovisual no Brasil

Abstract

The work intends to present two concepts undeveloped in legal science and that while developed with different objectives and also distant historical, help explain one another. The fundamental right to communication is understood in this text as a political right, and is the ability to experience a balanced access to the media. It is political, since formatting ideas, social values and symbols in contemporary society develops largely through the media outlets that are controlled, in turn, for a very small portion of society. The concentration of ownership in the mass media form an opinion control with results similar to the imbalance of political representation at the institutional level. The possibility of an oligopoly, in turn, is given by both the weak regulation as by chronic disrespect to the existing, and it is the latter factor that is highlighted here. This legal anomie, where all powers disregard both Constitution as to the law that regulates it called unconstitutional standing, well represented in the situation of brazilian audiovisual broadcasting, which this work seeks to develop by analyzing the legislation and data on the sector.