O direito de resposta proporcional ao agravo: o pleno exercício da liberdade de expressão no estado socioambiental e democrático de direito

摘要

The right of reply, proportional to the offense pursuant to letter V of art. 5° of the Federal Constitution is a fundamental of defense, in a Socioenvironmental and Democratic State of Law, related to different rules and principles of the Brazilian legal system, amongst which the proportionality, the rationality, and broad defense and the contradictory are highlighted. It's effectivity was marked through times by the Law nº 5. 250/67, known as Law of Press, which was integrally repealed by the STF in April 2009. Since then, the applicability of such constitutional device is to demand a scientific study, which can present to the interpreters objective conclusions concerning the validity of such institute, as well as of necessity of its observance on the part of the most different private and public agency. As an integral element of the right of freedom of expression, the right of reply, proportional to the offense, must be understood in its amplitude. In this sense, the right of reply aims to correct erroneous or false information, besides to oppose an opinion that has offended any of the aspects of the rights of an individual's personality, or of the plurality of them. The right to answer must be adjusted in accordance with the offense suffered for someone, inhabiting in this aspect to the proportionality that integrated its constitutional basis. To consider, therefore, all the elements that compose the fact under analysis, so that the answer can be measured as well as its limits under penalty of loosing the focus of the institute, while fundamental constitutional and right of defense. The right to an answer does not restrict the facts and opinions originating from vehicles of communication and other journalistic agencies. All manifestation, in any environment, private or public, which causes an offense or to someone, can be answered, using the bearer of such right and the same means and use the same spaces used by the one who originated the answer. It's a public subjective right of immediate enforceability.