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.
