Criminalização da fake news : análise acerca do projeto de lei 2.630/2020

Abstract

The present undergraduate thesis aims to analyze the possible classification of fake news as proposed in Bill 2630/2020. The study seeks to understand the phenomenon of fakenews and its consequences, analyze Bill 2630/2020 to determine if combating fake news as currently proposed restricts freedom of expression, and finally, assess whether the proposed measures would introduce a new criminal offense, and ifso, whether this would be appropriate. To achieve these objectives, a literature review was conducted using books, scientific articles, academic journals, and news reports. Subsequently, an analysis of the sections of Bill 2630/2020 related to Criminal Law was performed. The study concludes that, based on the current Brazilian legal framework, there is no need to introduce a new criminal offense, as different areas of law already provide mechanisms for combating and redressing the harms caused by this harmful practice to society. In line with the principles of the Rule of Law, criminal law should be used as a last resort, considering the principle of subsidiarity. In cases where the use of fake news affects interests already protected by criminal law, existing criminal legislation can address the conflict and impose appropriate sanctions.