The freedom of speech regulation in the social medias by the systems theory

Abstract

This paper aims to discuss the freedom of speech regulation in the social medias in what touches the problem involving the State’s legislative function and its capacity of regulating itself and in its own medias. In addition, the paper brings the validity and right source’s questions to evaluate if exists a divergence between the majoritarian normative theory of validity, which poses the State as the nuclear source of normative production, and the level of complexity of new cultural environments, as the social medias. To make a balance, this vision will be contrasted by the validity conception proposed by the social systems theory, that brings new perspectives for the theme under a view more plural and less centralized of the normative formation. This is done to lift a more adequate theory for the contemporary historical moment, but also without leaving the analyze of the eventual risks thar a new vision can bring.