FAKE NEWS: NECESSIDADE DA CRIMINALIZAÇÃO DA MENTIRA NA POLÍTICA

Abstract

This investigation addresses the growing wave and dissemination of fake news and its detrimental consequences in democratic elections, emphasizing the need for its criminal repression for electoral purposes. To achieve this objective, the research will firstly focus on conceptualizing Representative Democracy and demonstrating the importance of a legitimate electoral process for its effectiveness, endorsing the need of repression in case of power or rights abuse. In a second moment, a dogmatic approach will be deployed to analyze and differentiate how brazilian law addresses crimes against honor both in the Penal and Electoral Code. Finally, a critical analysis of fake news is carried out, under the electoral criminal perspective, establishing its consequences and possible means of combat. From a methodological point of view, this is a bibliographical and exploratory research aimed at contributing for further investigation in the theme or to guide practical application of discussed precepts. The

conclusions gathered are that although there are several crimes related to internet- related behavior, none of them encompasses the typical behavior standard of

spreading fake news, reinforcing the need of a new legal foundation for its contenance. Alternative means of combat are also discussed, with emphasis on a preventive and educational approach.