OLIVEIRA, C. V.; http://lattes.cnpq.br/3573110829720422; OLIVEIRA, Caio Victor de.
Abstract:
Fake news and hate speech have become an important weapon for the rise of far-right populists
around the world, through the democratic path, and Brazil has entered the list of countries since
2018. Hate speech and fake news gained important prominence in the last presidential elections
in Brazil, but before it was already an essential mechanism for the victory of Donald Trump, in
the USA, and of other leaders around the world, as in Nigeria and Hungary. These methods of
disinformation have been able to proliferate lies and hate speech on social networks within an
electoral process in which leaders and members of the Judiciary have discredited the destructive
force that these methods have. Based on the way in which they entered the country and
generated consequences in the Brazilian elections in 2018, it is asked: How did the use of fake
news and hate speech from the 2018 Elections and the consequent inability of the judiciary to
fight them before, during and after the electoral process transformed the institution into an organ
unable to repair the damage suffered by Brazilians? The present monograph aims to analyze
this incapacity of the Judiciary to combat the proliferation of fake news and hate speech from
the 2018 Elections. Even with the Brazilian legal system foreseeing situations that may make
civil, criminal and electoral liable, it is concluded that there was and still is a slowness and
inability of those who are competent to inspect and judge these situations to repair the damage
caused, whether by the i) misconception about the concept of freedom of expression; ii) due to
the legal consistency that parliamentary immunity offers to those who give lies and hate speech
in Brasília or outside it; iii) the absence of a legislative density on the cases - such as, for
example, the discussion about the constitutionality of art. 19 of the Marco Civil da Internet and
the Fake News Bill project, which triggers and is the scene of a misplaced debate; and / or,
finally, iv) the human being's spontaneous ability to propagate fake news and hate speech in an
increasingly polarized environment and the impossibility of controlling / inspecting cases. In
methodological terms, we opted for dogmatic-instrumental research, the hypothetical-deductive
method and research techniques with the use of constitutional, electoral, penal doctrine, as well
as the collection of historical, legislative, judicial precedents and news.