Justiça e redes sociais: modelos comparados de regulamentação da liberdade de expressão dos Magistrados entre tutela dos direitos fundamentais e estado de direito

Abstract

Digital communication has transformed the traditional ways information is produced and disseminated, including the judicial process and the actions of its protagonists, such as the judge. Starting with a brief consideration of the positive effects of the new communication modalities, in terms of judicial transparency and access to legal information, and in negative terms, taking into account the phenomenon of the “Judgment by the Media” this study seeks to compare some recent and innovative regulations regarding the use of social networks by judges, adopted at regional and national level, study seeks to compare some recent and innovative regulations for judges’ use of social media, adopted at both regional and national levels. In particular, it aims to highlight the relationship and the necessary balance between limiting the magistrate’s freedom of expression and affirming some fundamental principles of the rule of law, such as the independence and impartiality of the judiciary.