Liberdade de expressão, liberdade de imprensa e o problema do “chilling effect”

Abstract

At first, this works deals with generic analyzes of freedom of expression and of Press freedom, in order to establish the robust protection that these fundamental rights deserve, especially their preferred position. However, the main objective of this work was to analyze in with great detail the doctrine of the chilling effect of the system of subsequent responsibilities (punishments) resulting from violations of the rights of the personality in face of Press freedom, starting, initially, from doctrinal studies. In addition, a research was conducted in Brazilian Courts, especially STJ, in order to verify the possibility that its recent jurisprudence has some evidences of an undesirable intimidation on the journalistic activity, especially in matters of public relevance. In spite of the empirical difficulties that surround the studies in the subject, the conclusions were that, despite the unviable demonstration of its occurrence, the chilling effect does not deserve to be underestimated, especially in matters involving public figures. Finally, we also sought to make some critical proposals with the aim of overcoming the problems verified in Brazilian law and jurisprudence.