O inquérito das “Fake News” é constitucional frente aos supostos excessos à liberdade de expressão?
The term “fake news” already has a wide meaning in the English language. Even so, it has an even broader connotation in Brazil due to local facts that are related to it. Given that, the main goal of this thesis is to analyze the constitutionality of the fake news inquest (4.781/DF), which was establ...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/49467 |
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| Resumo: | The term “fake news” already has a wide meaning in the English language. Even so, it has an even broader connotation in Brazil due to local facts that are related to it. Given that, the main goal of this thesis is to analyze the constitutionality of the fake news inquest (4.781/DF), which was established by the then president of the Supreme Court, given the alleged trespasses to the limits of the freedom of speech. To do so, there has been an analysis on the Supreme Court interpretation on the matter during the Inquest 4.781/DF. For that reason, this thesis studies the fundamental rights as well as the constitutionality on the inquest establishment, which happened over the threat of alleged crimes against members of the court. The massification of digital media has increased political dissonance among Brazilians, consequently escalating the judicialization of politics. At the same time, there was a surge in demands for further rights on freedom of speech. The global online environment favours the spreading of misinformation and disinformation, these can be seen by the Brazilian law as crimes against honour, crimes of electoral fraud as well as being the cause for civil damage compensation. This thesis will define the phenomenon based on the works of known authors, in addition to other studies, written laws, and the Brazilian Constitution. The methodology consisted in a case study to analyse the legality on the inquest establishment as well as the interventions that were made on the right of free speech. It happened through empirical investigation and the use of deductive reasoning on any found evidence. As a final observation, despite the Supreme Court’s decision to sustain the inquest constitutionality, there can be seen many ways in which it goes against legal precedents from the same court, as well as it being questionably on the edge of exceeding limitations to freedom of speech. Those liberties taken by the Supreme Court can destabilize the Brazilian democracy. |
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