A judicialização da liberdade de expressão no Brasil: desinformação e processo eleitoral entre 2016 e 2020

• Autor(a) principal: Silva, Bruna Eloi da
• Data de Publicação: 2022
• Outros Autores: [e-mail]
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/19353
• topic: Election; Disinformation; Robots; Freedom of expression; Eleição; Fake news; Desinformação; Robôs; Liberdade de expressão; CIENCIAS SOCIAIS APLICADAS::DIREITO::TEORIA DO DIREITO

The present research aims to understand the phenomenon of disinformation and the spread of fake news in the electoral periods between 2016 and 2020 in Brazilian territory through the optics of the decisions made by the Electoral Justice in the same timeframe. In order to achieve that purpose, the work firstly conceptualizes the phenomenon and looks to understand its modus operandi, the section also focuses on the concept of freedom of expression and its legal and philosophical fundaments, expatiating as well on the possibility of it being subjected to restrictive measures according to the national legal system of Brazil. Furthermore, the paper debates online electoral campaigns and the possibility of criminalizing lies in politics. The work here presented uses a qualitative methodology, basing the research in case studies aimed at identifying the fundaments or the judicial orientation for content removal on social media during campaigning period, as well as in pre-campaigning. The work concludes that freedom of expression is not an unrestrainable right: it is an imperative measure its practical conformation to other equally protected values – such as the right to access truthful facts in electoral periods and the right to an informed vote free from unlawful third-party influences. The judicial decisions here analyzed indicate a few parameters that, although still incipient, correspond to the findings of the doctrinal studies pointing not only towards content examination as a means of identification of disinformation, but also to the analysis of the way it is spread.