Liberdade de imprensa e autoridades públicas: apontamentos a partir do estado democrático de direito

Abstract

This paper intends to discuss the freedom of the press, its role and its limits, from the paradigm of the Democratic Constitutional State, in which the requirement of transparency and publicity is a true constitutional imperative in the conduction of actions and public policies. The discussion focuses on the relationship between the investigative role of the press in relation to the so-called public authorities. Hence, it explores if these authorities would have the same relationship with the freedom of the press than other citizens, when subjects that gravitate around their roles and responsibilities are taken into account. For this purpose, keeping in mind our own constitutional context, we decided to use Comparative Law, focusing on decisions of the Supreme Court of the United States that deal with the same issue addressed here. It concludes that freedom of the press has an essential and constitutionally recognized role in the Democratic Constitutional State.