Fake News e seus reflexos no direito eleitoral

Abstract

In recent years, there has been an exponential increase in what has become known as fake news. This institute started to encourage debates that involve not only the right to true information, but also about freedom of expression, as well as the right to information, and what, in fact, are the legal limits that are being put on the agenda when speaks in the false news. This, taking into account, mainly, the fact that, from such false news, they bring out the institute of collision of fundamental rights, encouraging a conflict in relation to the fundamental right of freedom of expression and information. In addition, it is born from there, the approach regarding whether within such conflicts, the right to censorship may be born. The present work, therefore, intends to approach the referred institute of “Fake News” or spoken news and its impact on electoral law. The heart of this research aims, through a Bibliographic Review, to understand its intrinsic relationship to democracy itself, as well as to electoral health, in addition to being closely related to modern constitutionalism.