THE CONSTITUTIONAL RIGHT TO INFORMATION, FREEDOM OF THE PRESS AND FREE EXPRESSION AND THE DISSEMINATION OF FAKE NEWS: LEGAL AND SOCIAL ASPECTS OF THE DISSEMINATION OF FAKE NEWS AND THE ACTION OF THE JUDICIAL POWER

Abstract

Fundamental rights derive from the very condition of man, constituted as immutable clauses in the Brazilian Constitution of 1988. Given the lack of hierarchy between such guarantees, it is essential to carry out an individual analysis of their prerogatives, in light of the specific case. Fake news is an affront to social and individual rights and enters a new sphere of protection in the legal system: digital. The purpose of this work is to demonstrate the actions of the three powers, especially the Judiciary, in the face of the widespread dissemination of fake news on the internet, especially on social networks and messaging applications. To weigh the fundamental guarantees to information, freedom of the press and free expression as opposed to the dissemination of fake news, doctrinal and jurisprudential analysis is essential. It aims to demonstrate the harmfulness of spreading fake news in both civil and political spheres, which can directly affect the choice of popular representatives.