CIVIL LIABILITY OF THE JOURNALIST AND THE COMMUNICATION VEHICLE FOR THE ILLEGITIMATE EXERCISE OF PRESS FREEDOM

Abstract

It is undeniable the unique importance of the broad freedom of the press recommended by the Federal Constitution of 1988 (CRFB) to journalists and communication vehicles, which play a primordial role for democracy, being forbidden any restrictions to this freedom, observed the provisions of the Federal Constitution itself (art. 220, caput, CRFB). In this sense, such freedom is not absolute, as no fundamental right is. Thus, it is necessary to weigh the exercise of this freedom with respect for other fundamental rights, especially the personality rights of the individuals portrayed in the reports and journalistic articles. Once any right of personality is violated by the journalist and the communication vehicle, in the face of an eventual demand for compensation, the question arises about the nature of civil responsibility for the repair of damages: would it be subjective or objective? In this context, the present article aims to present the main doctrinaire and jurisprudential trends regarding the nature of civil liability of these agents in compensation claims.