Impacto das fake news nas eleições presidenciais de 2022: análise das jurisprudências do Tribunal Superior Eleitoral

Abstract

With the increasing access to the internet in Brazil and the growing availability of information, there has been a rise in the dissemination of false information on online platforms and social networks, impacting the national political landscape. This study aims to address the following research question: How did the TSE address the fight against disinformation in its decisions during the electoral period? The hypothesis guiding this research is that the decisions issued by these superior courts played a role in creating a new paradigm for the judiciary’s actions. To test this hypothesis, content analysis was used to examine the jurisprudence of the Federal Supreme Court and the Superior Electoral Court produced between March 30, 2022, and October 30, 2022, the date of the second round of the elections. This study is divided into three parts. The first chapter provides context for the topic and defines the terms used in the proposed analysis. The second chapter explores the use of disinformation by both right- and left-wing politicians on social networks, comparing disinformation based on the ideological alignment of those who spread it. The third and final chapter analyzes the jurisprudence retrieved from the virtual search tools of Brazil’s superior courts to examine how these courts responded to the sharing of fake news during the 2022 electoral period.