DESINFORMAÇÃO NOVOS NÍVEIS DE AMEAÇA AO ESTADO DEMOCRÁTICO DE DIREITO E O CONTROLE DAS NOTÍCIAS FALSAS

Abstract

The topic is part of the mechanisms for effective and substantive protection and defense of fundamental rights and guarantees. It addresses the debate on discipline and control, in the legal sphere, of the dissemination of false information from the perspective of a threat to the Democratic Rule of Law. The conflict occurs in the field of fundamental rights and guarantees, especially freedom of thought, expression and information. The idea of the article is, based on the concept of fake news, to examine the content and scope of constitutional norms and, under the analysis of the criteria of multilaterality and the reciprocal limits of rights that prohibit abuse, to propose the consideration of norms and their purposes as an instrument for implementing the Democratic Rule of Law. The study is justified by the importance and relevance of the topic. The methodology used was bibliographical research with critical reflection. The scientific path consisted of collecting data from legal norms, doctrinal texts and reports, which were articulated to serve as a theoretical basis. In conclusion, it has been demonstrated that the dissemination of fake news can be concretely harmful; that disinformation may offend the constitutional protection of freedom of thought, expression and access to information; that the dissemination of fake news can constitute a threat to democracy, notably in the electoral environment; that the fight against fake news can and should be legally regulated, holding accountable abuses of rights committed by producers and disseminators of content, especially in the digital media environment.