Censura prévia e liberdade de expressão no período eleitoral: análise da Resolução 23.714/2022 do Tribunal Superior Eleitoral à luz do princípio do Estado democrático de direito

Abstract

The purpose of this final paper is to discuss the content of Resolution 23.714/2022 from the TSE, in its scope and highlight its impact on freedom of expression in its various aspects of law. The articles of the Resolution will be analyzed in relation to the Principle of the Democratic Rule of Law, along with all the normative achievements at the national and international levels. The jurisprudence regarding the decision of the STF in relation to ADI n. 7261 filed on October 21, 2022 by the Attorney General of the Republic, Augusto Aras, will also be evaluated for the purpose of understanding. Thus, the implications of technological advances and the speed of information dissemination can be observed in a critical manner, and without impunity for those who use mechanisms to spread hatred through discrimination against minorities, or even the spread of Fake News, without disrespecting the fundamental rights expressed in Article 5 of the Brazilian Federal Constitution, together with international treaties and agreements, such as the American Convention on Human Rights. Moreover, emphasis will be given to election periods, in which the Electoral Justice reserves competence for the maintenance of integrity throughout its extension, since in this interval, public opinions are motivated in hyperboles and subterfuges of both candidates and voters, so that not always the information conveyed is truthful and the exaggeration of emotions fosters an environment of influence on citizens' ideas. For the development of this paper, descriptive research was used through a bibliographic survey related to the objective, using a combination of normative, doctrinal, and documentary sources, bringing above all jurisprudential analysis. The qualitative approach will be used through deductive method, starting from a general premise, to obtain in its conclusion, an individual premise. With regard to normative sources, the Brazilian Federal Constitution of 1988, Resolution No. 23,714/22 of the TSE, the Electoral Code, among other sources of national and international law will be used primarily. As for doctrinal sources, a review of the bibliography of modern and classic constitutionalists will be used, regarding what has been produced on the topic in recent years.