A criminalização das fake news no ordenamento jurídico brasileiro: proteção, verdade , direitos fundamentais

Abstract

This work presents a critical study on the conflict between the practice of fake news and the guarantee of fundamental rights in the Brazilian legal system. It investigates how the deliberate dissemination of disinformation on highly interactive networks distorts the concept of truth and violates human dignity, directly affecting fundamental rights enshrined in the 1988 Federal Constitution, such as the right to information, freedom of expression, honor, and image. The study demonstrates that fake news acts to deconstruct information to serve private interests, power, and visibility, creating a scenario of legal uncertainty. Methodologically, the research was developed using the deductive method, with a qualitative approach, employing bibliographic and documentary procedures, based on the analysis of penal and constitutional doctrine, current legislation, and recent decisions and resolutions of the Supreme Federal Court (STF) and the Superior Electoral Court (TSE). It is concluded that there is a pressing need for a specific law that allows for the effective penalization of this conduct, overcoming the current legislative vacuum and strengthening the democratic rule of law.