Abstract

This study aims to analyze Direct Action of Unconstitutionality (ADI) 7,261/DF, which declared Resolution 23,714/2022 of the Superior Electoral Court to be in compliance with the Constitution, and to evaluate the effectiveness of constitutional control in combating fake news in electoral campaigns, investigating how it can be an effective mechanism to protect democracy in a scenario marked by disinformation. The decision in the ADI confirmed the compatibility of the rule with the Federal Constitution, however, the study demonstrates that this control lacks direct application in order to standardize, given the plurality of rules regarding the dissemination of fake news. The main objectives included the analysis of the rule in the Brazilian context, the investigation of the typologies of constitutional control applicable to the Supreme Federal Court, and the presentation of the grounds that led to the challenge of the resolution. The research also examines the implications of the ADI decision in combating disinformation during the electoral process. The study is justified by the topic's relevance and relevance, given the persistence of disinformation in elections and the lack of standardization. The study seeks to understand the flaws in the Brazilian legal system and discuss more effective ways to ensure access to information and the integrity of electoral propaganda. The research used bibliographic and documentary methods, with analysis of relevant case law and legislation, highlighting the doctrinal positions of Luís Roberto Barroso, Edson Fachin and Paulo Brasil Menezes.

Keywords

• Electoral law, fake news, Constitutionality Control, ADI, STF.

License

This work is licensed under a Creative Commons Attribution 4.0 International License.