FAKE NEWS IN ELECTORAL CAMPAIGNS AND LEGAL LIABILITY IN BRAZIL

Abstract

This study investigated the conditions under which the production and dissemination of false information during electoral campaigns may give rise to legal liability in Brazil, considering electoral integrity and freedom of expression. The objective was to identify the requirements of electoral, criminal and civil liability in light of the artificial intelligence rules applicable to the 2026 elections. A qualitative, bibliographic and documentary study was carried out through a narrative literature review, with searches in SciELO and the CAPES Journal Portal, and an analysis of legislation, resolutions of the Superior Electoral Court and decisions of the Federal Supreme Court and the Superior Electoral Court, complemented by the study of a ruling on synthetic content. The results indicated that each sphere has its own requirements: a knowingly false fact and the nature of electoral advertising, in the electoral sphere; knowledge of falsity, in the criminal sphere; and an unlawful act, damage and causation, in the civil sphere. The case analyzed showed that establishing manipulation was not enough for liability, since the outcome depended on the context. The study concludes that liability arises from proof of the requirements of each regime, not from the fake news label, and proposes a six-criterion legal analysis matrix.