Liberdade de expressão e o inquérito 4781 do STF como mecanismo de combate às fake news

Abstract

The present study analyzes the discussion about the phenomenon of false news, freedom of expression and thought, and what was established by the Brazilian Federal Supreme Court to investigate fraudulent and test news from the court. The Right to Freedom of Expression and Thought is guided primarily by the 1988 Federal Constitution and brings the perspective that gives self-awareness to act in private, social and political contexts in which the individual is inserted. The constant technological advancement brought tools that corroborate with the faster sharing of all kinds of information, true or fallacious, but that have repercussions in society. The topic covers the discussion from the perspective of controlling the spread of false information, in face of the right to freedom of expression, which in turn offers the prerogative of a later reparation. The study seeks to answer questions about the legitimacy of the Fake news inquiry in view of its establishment process, considering its validity and effectiveness as an instrument for determining what is published and disseminated on social networks and digital platforms. The main purpose of this study is to discuss concepts of fake news and limits on freedom of expression in the face of this phenomenon, analyzing what would be the possible way of fighting against the spread of false and misleading news. The methodology used in this work was through bibliographic research, books, scientific articles and academic works, through the deductive method, which aims to explain the content of the premises with general information, in a predominantly theoretical way making comparisons and counterpoints to conclude the veracity or the failure of these assumptions in order to keep seeking to reach an illuminating idea on the subject. The construction of thought developed in the present study sought to analyze the root of the discussion of the phenomenon of fake news, its effects on society and the existing prerogatives or not for the establishment of the inquiry 4781, analyzing its effectiveness as a fighting instrument, which currently has become a point of criticism and praise, seeking reports from jurists, researchers such as STF ministers and other referenced authors.