The preferred position of free speech and the Public Ministry National Council

Abstract

The paper studies the position of Public Ministry National Council related to the free speech of Parquet members in social media. Adopting the preferred position, it points out the foundations of this freedom and the consequences of that position. Three subjects are analyzed: the unblemished conduct, the extension to the private life and the use of presumptions. Given the incompatibility between the position of the Council and the preferential position, it is necessary to do better to discharge its argumentative burden. At the end, propositions are presented that fit the preferred position. The study consists of a qualitative type research, with descriptive and explanatory aims for the theme, using the bibliographic search procedure for such.