CONSTITUTIONAL LAW AND CIVIL LIABILITY: THE RIGHT TO INFORMATION AND FREEDOM OF THE PRESS IN THE FACE OF FALSE ACCUSATIONS IN INTERVIEWS. CONSTITUTIONAL ANALYSIS OF THE COLLISION BETWEEN FREEDOM OF THE PRESS, THE RIGHT TO INFORMATION AND PERSONALITY

Abstract

This article aims to analyze the constitutional rights to information and communication in light of the liability of press outlets when false accusations are disseminated through interviews. Freedom of expression and freedom of the press are two fundamental pillars of the Democratic State under the rule of law; however, they are not absolute and must be balanced with other rights enshrined in our legal system, particularly personality rights such as honor, image, and dignity. This qualitative and exploratory study employs a deductive approach, grounded in doctrinal and jurisprudential review, focusing especially on how Brazil’s Supreme Federal Court
(STF) have addressed the civil liability of press entities, taking into account the duty of prior verification of information. In conclusion, it is determined that a proper balance between freedom of expression and the protection of human dignity demands objective
criteria and coherent jurisprudence to safeguard the equilibrium among the fundamental rights involved.