Liberdade de expressão e desinformação: um estudo sobre a desinformação política no Brasil e a atuação do Tribunal Superior Eleitoral nas eleições presidenciais de 2022

Abstract

This paper studies the phenomenon of disinformation related to the fundamental right to freedom of expression, with the aim of understanding the aspects of political disinformation and its implications in Brazil and verifying the legitimacy of the Superior Electoral Court's actions in tackling disinformation in the 2022 presidential elections. In this perspective, we initially seek to establish basic notions about freedom of expression and disinformation, as well as to present the conflicts arising from the abusive exercise of freedom of expression. Then, a broad study of disinformation in Brazil is carried out, starting with the demonstration of the actuality and seriousness of the problem, followed by the framing of disinformation as a political tool and the analysis of its impact on electoral processes, the risks it poses to the democratic regime and the possibility of relativizing freedom of expression. Finally, the structured action of the Superior Electoral Court in combating disinformation in the 2022 presidential elections is analyzed, through a study of the measures adopted at the extrajudicial, normative and jurisdictional levels