Liberdade e responsabilidade no ciberespaço: o caos e a urgência de regulamentação das redes sociais no cenário brasileiro

Abstract

This study explores the urgency and legal foundations that justify the regulation of social media platforms in Brazil, in light of their direct impact on fundamental rights, including freedom of expression, privacy, honor, human dignity, and information security. The research adopts a qualitative approach, drawing on bibliographic, documentary, and case law methodologies, and is structured into three chapters. The first examines the balance between constitutional rights in the face of algorithmic dynamics and platform governance. The second investigates the origins, proliferation, and social consequences of fake news in Brazil, and briefly evaluates emerging legislative proposals aimed at countering disinformation, while comparing them to international experiences to demonstrate that regulation can coexist with democratic values. The third analyzes the most recurrent crimes committed via social networks and the corresponding civil and criminal liabilities of users and providers. The study offers legal and institutional recommendations to reinforce digital democracy and promote more transparent, ethical, and accountable online interactions.