As fake news e o acesso à informação verdadeira no Direito Eleitoral.

Abstract

Since 2016, concern about the influence of fake news on electoral processes has been increasing, as well as the amount of studies on its practical effects and legal implications. The present research aims to analyze the phenomenon of fake news and the legal treatment that is given to them by Brazilian law. It begins by addressing the fundamental right to freedom of expression and its relation to access to information. It goes on to discuss the relationship between Electoral Law and fake news, as well as the way in which the influence of false information on the voter proceeds. It concludes with a critical survey about the normative devices that Brazilian legislation has to overcome the problem. In this research the deductive approach was used, the method of problem approach classifies it as qualitative. As for the objectives of the work it is classified as exploratory and descriptive. As for the technical procedures employed, it is classified as bibliographic and documentary. Finally, as to nature, it is characterized as basic. The study has as its starting point the following question: Does Brazilian law have adequate means to address the problem of the influence of fake news in elections? Working on the hypothesis of a negative answer to this question: so far there is no satisfactory tutelage for the problem. The study can conclude that the Brazilian legal system is not yet prepared to face the problem of fake news. The Electoral Code has few instruments to address the issue and the bills currently conceived in congress only purports to criminalize the practice, without, however, providing solutions that can lessen the effects of the spread of fake news or allow internet users to realize for themselves what quality journalistic information is from fake news.