FAKE NEWS, POLÍTICA E EXTREMA DIREITA: OS LIMITES CONSTITUCIONAIS ENTRE LIBERDADE DE EXPRESSÃO E DEFESA DA DEMOCRACIA NO BRASIL

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Authors: Leandro Sales
Cited by: 0

Abstract

This article examines the phenomenon of digital disinformation in contemporary Brazilian politics, with particular attention to the instrumentalization of fake news by far-right movements and its impact on the legitimacy of democratic institutions. It is grounded on the premise that freedom of expression, although a fundamental right and a cornerstone of the Democratic State of Law, is not absolute and must be interpreted in harmony with the protection of democracy, human dignity, and the integrity of public deliberation. The study adopts a qualitative, legal-dogmatic, and bibliographical approach, combining doctrinal and jurisprudential analysis, particularly drawing from decisions of the Brazilian Supreme Court and standards of the Inter-American Human Rights System. It investigates the role of the State in addressing organized disinformation, distinguishing prior censorship from democratic and proportional accountability. The article concludes that combating fake news is a constitutional duty to safeguard democracy, requiring coordinated institutional action, media education, and proportionate regulation of digital platforms, thereby preserving freedom of expression in its ethical and democratic dimension.

Fields of Study & Subjects

Brazilian Legal Issues Misinformation and Its Impacts Freedom of Expression and Defamation

Publication details

Journal / source
INTERNATIONAL INTEGRALIZE SCIENTIFIC
Volume
6
Issue
56
Publication date
27 February 2026
Language
EN