Fake news: uma análise sobre a violação dos direitos fundamentais e sua interferência nos processos democráticos

Abstract

This research seeks to analyze the phenomenon of Fake News to verify possible violations of fundamental rights and interferences in democratic processes. Initially, it outlines a brief history so that it is possible to understand how this phenomenon has passed through time, verifying its impacts on the social, legal and electoral environment. From a dialectical perspective, we seek to demonstrate the contrast between Fake News and the fundamental rights constitutionally provided for, highlighting the consequences arising from their violation. For that, it uses the methods of historical and comparative procedure to analyze which legal limits can be applied to false news, and then to identify collision of fundamental rights, which application in relation to freedom of expression and information.