Liberdade de expressão e democracia : a desordem informacional nas redes sociais durante o período de campanhas eleitorais

Abstract

This study aims to determine which conception of freedom of expression is the most coherent for addressing disinformation in electoral campaigns. The discussions in this research encompass an analysis of the theoretical justifications for the right to freedom of expression– namely, the instrumental and constitutive approaches–along with a conceptualization of disinformation, its dissemination in the digital sphere, and, finally, the legal framework governing and adjudicating this issue. To achieve this objective, the research is structured into three chapters. The first chapter presents the main theoretical conceptions of freedom of expression, distinguishing between the instrumental perspective, which justifies it based on the pursuit of truth and the maintenance of democracy, and the constitutive approach, which regards it as an intrinsic value. The second chapter examines the phenomenon of disinformation, exploring its origins, its dynamics in social media, and its impact in the post-truth era. The third chapter analyzes how Brazilian electoral law addresses the issue, considering legislation, resolutions issued by the Superior Electoral Court, and relevant case law. This study employs the deductive method and is based on bibliographic review, documentary analysis, and jurisprudential study. Ultimately, it concludes that the constitutive conception of freedom of expression is the most suitable for balancing the protection of voters' political discourse with the need to combat fraudulent disinformation practices.