Pelo amplo direito humano à comunicação: críticas à perspectiva legal instrumentalista da radiodifusão comunitária a partir de um panorama mundial

Abstract

The article draws on the results of a comparative global legal research to criticize a recurring restrictive and instrumentalist approach in community broadcasting legislation. We begin with the history of the international legal recommendations on the sector in which there are already contradictions between the broad understanding of the human right to communication and evidence of the defence to such media conditioned to its legal status, content and social place. Such contradictions become even more evident from the comparisons of different laws in the world, usually resulting from a restrictive and vertical disciplinary power. Finally, we show that the mechanism that determines the right of community communication to content and service delivery criteria is based on an elitist and prejudiced view of community broadcasting and of the actors that carry it out.