Perspectivas da democracia com o advento das fake news

Abstract

This dissertation focuses its efforts on dissecting the relationship between freedom of expression and democracy, its causes, and its effects on everyday interactions, with a special focus on electoral relations. The main scope, therefore, is the interpretation and application of fundamental rights in the present day. A brief historical overview of fundamental rights is provided, addressing issues and concepts of a democratic regime. Additionally, an entire chapter is dedicated to the characterization of freedom of expression, including its status as a preferential right of personality and politics. We define the history and concept of false news, as well as provide a psychological analysis of this phenomenon known as fake news and the process by which such content goes viral. We also examine what the doctrine refers to as "de democratizing" processes and how authoritarian governments can come to power through democratic means, thereby undermining democracy without the population's awareness. We confront the current forms of regulation or control of false news, the role of the Superior Electoral Court, and, finally, offer an analysis of the fine line between regulating freedom of expression and the potential for overreach, including censorship. We conclude with what we consider to be the most appropriate approach to protecting free speech and democracy.