Liberdade de expressão e remoção de conteúdo da Internet: anonimato, URL, árbitro e interação em portal de notícias

Abstract

The purpose of this dissertation is to evaluate whether the Internet content removal in Brazil obeys freedom of expression and, from there, offer new arguments. In order to do so, four issues were chosen: anonymity, URL, referee and interection in news portal. Focused on these points, it was necesseay to present a doctrine that gives robustness to the freedom of expression, term used in its broad sense. The first chapter deals with the founding values of freedom of expression, its preferential position, its elements and the possibility of regulation. Designed the framework of this freedom, it became relevant to expose vital subjects of the digital world. The second chapter, therefore, brings the evolution of the Internet, its data on the national scene, its characteristics, the possibility of regulation and how service providers work. Based on the theoretical contributions of the two initial chapters, the third one looks at the Brazilian reality regarding the Internet content removal. Thus, this chapter deals with how removal is seen in quantitative data. It is also described how is the higher courts jurisprudence, in relation to the four themes indicated above. In view of a strong doctrine of freedom of expression, of the notion of the functioning of the Internet and of the state of content removal in Brazil, the fourth and final chapter proposes to address and repond to the themes of anonymity, functionality of the URL, who can be the arbiter of the content removal, and how the interaction in the news portal should be characterized.