O ativismo judicial do supremo tribunal federal no inquérito das fake news e suas consequências para o estado democrático de direito

Abstract

In 2019, the President of the Supreme Federal Court determined that a confidential investigation should be initiated, aiming to ascertain the conduct of informative practices involving the dissemination of false news about the actions of the members of the Supreme Federal Court, affecting their honor and threatening the safety of their families. Thus, during the course of the inquiry in question, which was assigned number 4.781 and became known as the “fake news inquiry,” some decisions were made that were seen by many as embarrassing to the Democratic Rule of Law and violative of constitutional principles and guarantees. Given this situation, the present study aims to analyze the consequences of the actions of the Supreme Federal Court, as they were considered highly arbitrary by the Public Prosecutor’s Office and the Attorney General's Office. It also aims to conduct a critical analysis surrounding the effects of some of the acts of the Supreme Federal Court, considered as practices carried out in violation of constitutional principles. This research used a deductive approach method and exploratory objective, based on the bibliographic technical procedure of legal and documentary literature, aiming to explore the expansions and limitations that reach the competences of the Supreme Federal Court with respect to the protection and defense of the legal order. It also intends to be a study of the norms, principles, and fundamental rights linked to the Inquiry that is the subject of this work. In the end, conclusively, this research demonstrates that the establishment of the aforementioned inquiry runs counter to the theory of the hierarchy of norms developed by Hans Kelsen, creating confusion between the accuser and the judge, which jeopardizes the impartiality of the latter, appearing as an affront to due legal process, as affirmed by the Attorney General of the Republic, Raquel Ferreira Dodge.