Media in Brazil: promotion of pluralism, competition law and regulation. / Meios de comunicação social no Brasil: promoção do pluralismo, direito concorrencial e regulação

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

This work discusses the problem of media concentration in Brazil. The initial focus is on the analysis of the reality of the Brazilian media sector. It is sought, through an interdisciplinary study, to identify the essential traits of the economic and political formation of Brazilian society, present some notes about the historical development of the concentration process in the social communication sector and depict the concentration of the Brazilian media. Next, it is sought to develop a critical reflection on the Brazilian reality. Based on the enunciation of certain hypotheses of an axiological-normative nature concerning the organization of the social communication sector, it is sought to evaluate the strength of such assumptions. In this context, the importance of such values as the diffusion of knowledge to promote development, the pluralism of ideas and opinions for the debate in the public sphere and the vitality of democracy are evaluated. Also studied are the principles established by the Federal Constitution in respect of the organization of the social communication sector. These democratic values and constitutional principles serve as a basis for the construction of a critical view of the concentrated structures existing in the media sector. The last part of this work is of a distinctly normative nature, to the extent that it suggests legal mechanisms designed to transform this reality. It is then sought, in the first place, to provide the broad outlines of a general theory of pluralism in the media sector. Next, an evaluation is made of the theoretical positions relating to the theory of regulation and the competition law that represent a hindrance to the pluralist configuration of the media sector. Following this, a digression is made in the exposition to critically analyze the contribution of technology as a promoting factor of the pluralism and democratization of the media. Finally, it is sought to suggest and analyze proposals of regulation measures and of modification of the interpretative paradigm of competition law, aimed at the promotion of external and internal pluralism in the social communication sector.

ASSUNTO(S)

antitrust concentração econômica television comunicação de massa regulation comunicação social concentration meios de comunicação de massa pluralism brodcasting media

ACESSO AO ARTIGO

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