A LISURA DO PLEITO DEMOCRÁTICO: DESINFORMAÇÃO E FAKE NEWS X LIBERDADE DE EXPRESSÃO

Abstract

The article deals with the problem of disinformation and fake news in the electoral process as an affectation to democracy. It exposes the importance of preserving the electoral process from both, starting from the correct dosimetry, which, if not observed, can cause damage to the very regime it aims to protect. The consecrated jurisprudence concerning the prohibition of negative publicity is proposed as an example of miscalibration in the fight against the fairness of the election, the consequences of which tend to restrict the exercise of freedom of expression, bringing disinformation to the electoral election and, instead of protecting it, ends up making democracy more precarious in the face of the complete inability to form the conviction of the electorate. In conclusion, it presents a difficult scenario for State action, which sometimes, from generic and imprecise prohibitions, under the argumentation of maintaining the fairness and isonomy of the election in light of the guarantee of democracy in the electoral process, ends up imposing severe restrictions on other fundamental rights, such as freedom of expression, which cause deeper damage to democracy itself, and the E. TSE, in the current construction of jurisprudence to combat fake news, must be cautious in the limits set.