Do “quarto poder” ao controle democrático

fundamentos constitucionais da regulação da mídia

Abstract

This article examines the constitutional foundations of media regulation in Brazil, emphasizing the tension between the formal guarantee of freedom of expression enshrined in the 1988 Constitution and its material ineffectiveness resulting from the absence of specific regulatory frameworks. Through comparative law analysis, it demonstrates that foreign experiences reveal regulation not as a form of censorship, but rather as an essential mechanism to safeguard pluralism, prevent economic concentration, and foster cultural and regional diversity. In the Brazilian context, the persistence of media monopolies, the improper appropriation of public concessions, and the normative gap emerge as barriers to the full realization of the democratic project envisioned by the Constitution. The study concludes that the establishment of a democratic, transparent, and independent regulatory framework is not only a prerequisite for ensuring the social function of communication but also a cornerstone for strengthening constitutional democracy itself.