Direito jornalístico “de fofoca”: reflexões sobre a ausência de regulação do jornalismo de entretenimento no ordenamento brasileiro

Abstract

This monograph analyzes the phenomenon of entertainment journalism, popularly known as “celebrity gossip journalism,” in light of the absence of specific regulation within the Brazilian legal framework. The study begins with the observation that, although the Federal Constitution and ordinary legislation safeguard fundamental rights such as honor, image, and privacy, Brazilian regulation proves outdated when faced with the current media landscape, especially on social media platforms. There has been a rapid growth of entertainment pages acting as news sources without adherence to journalistic ethics. The methodology applied was bibliographic research, with a hypothetical-deductive approach and descriptive character, based on legal doctrine, legislation, academic articles, and case studies. The first chapter contextualizes the constitutional boundaries between freedom of expression and freedom of the press, addressing concepts such as infotainment and sensationalism. The second chapter examines emblematic cases, such as those of celebrities Klara Castanho and Jéssica Canedo, and the overexposure of influencer’s children, showing how sensationalist practices may seriously violate fundamental rights and even lead to tragic outcomes like suicide. The third chapter evaluates the current legal framework and ongoing legislative proposals aimed at regulating journalism, identifying political, legal, and social obstacles to the development of a new Press Law, following the repeal of Law No. 5.250/67. This research contributes to the debate on the balance between freedom of the press and civil and criminal liability, highlighting the urgent need for legal modernization and ethical responsibility in today’s digital information ecosystem.