A opinião pública intangível como salvaguarda do Rechtsstaat

Uma análise histórico-jurídica

Abstract

This article analyses, from a legal-historical perspective, the relationship between public opinion and the Rechtsstaat. It examines the formation of modern public opinion from the Enlightenment onwards and its progressive connection with freedom of expression and freedom of the press. Through different historical episodes and trials, it shows how the press came to act as a mouthpiece of public opinion and as an instrument for scrutinizing public power. The article also follows the democratization of public opinion and the transformations brought about by mass media. Finally, it discusses contemporary challenges arising from the internet and social media, particularly the fragmentation of the public sphere, the spread of false information, and the echo chamber effect. It argues that free and well-informed public opinion is an indispensable safeguard of the Rechtsstaat.