Criminalização das "fake news": ponderação entre a tutela penal e o direito à liberdade de expressão

Abstract

The present research aims to analyze the criminalization of fake news from the perspective of the foundations of criminal protection and the right to freedom of expression. To do so, it initially seeks to evaluate the object of criminal protection, delimiting the concept of legal goods and presenting the main principles that guide the classification of behaviors. Next, it seeks to conceptualize the term fake news and analyze legislative initiatives that address the criminalization of some aspect of this phenomenon. Furthermore, the right to freedom of expression will be addressed, presenting its limits and proposing alternatives in combating disinformation. Finally, it is understood that, considering the foundations of Criminal Law and the preservation of freedom of expression, it is not appropriate for this legal field to preemptively act as a protective measure. Instead, the State and society should first and foremost seek less restrictive alternatives to individual freedoms.