DIGITAL POLITICAL ADVERTISING AND ELECTORAL INTEGRITY: A CONSTITUTIONAL AND COMPARATIVE ANALYSIS OF THE LIMITS TO FREEDOM OF EXPRESSION IN THE DIGITAL ENVIRONMENT

Abstract

This article investigates the complex tension between freedom of expression and the preservation of electoral integrity within digital political advertising. The advent of social media transformed public debate, introducing challenges such as disinformation (fake news), content boosting for micro-targeting, and inauthentic networks. Consequently, it examines to what extent freedom of expression (Art. 5, IV and IX, of the Brazilian Constitution) can be restricted to ensure fairness, equality, and authenticity in elections. The qualitative methodology relies on bibliographic and documentary research, analyzing legislation, constitutional doctrine, and the jurisprudence of the Superior Electoral Court (TSE), based on the collision of fundamental rights and the principle of proportionality. The study analyzes how the digital environment amplifies harms and evaluates TSE's institutional responses. It concludes that freedom of expression is not an absolute right and may be exceptionally restricted when its abusive exercise threatens popular sovereignty and democratic normality. However, such interventions must be strictly proportional, necessary, and well-grounded, preventing prior censorship and guaranteeing due process of law.