THE FAKE NEWS INQUIRY AND THE LIMITS OF THE STF'S ACTIONS: LEGAL CERTAINTY, SEPARATION OF POWERS, AND FREEDOM OF EXPRESSION

Abstract

This article analyzes the legal contours of Inquiry nº 4,781/2019, initiated by the Brazilian Supreme Federal Court (STF) to investigate the dissemination of fake news, threats, and attacks against the Court and its justices. Based on the context of political polarization following the Operation Car Wash (Lava Jato), the study examines the compatibility of the inquiry with the constitutional principles of the accusatory system, separation of powers, and legal certainty. The research is structured around three central axes: (i) the non-reception of Article 43 of the STF’s Internal Regulations by the 1988 Constitution, questioning its validity as a basis for criminal investigations; (ii) the violation of the accusatory system due to the concentration of investigative and adjudicative functions within the STF, compromising judicial impartiality; and (iii) the institutional impacts of perpetuating this investigative model, which weakens the functional autonomy of institutions such as the Public Prosecutor’s Office and the Federal Police. Through documentary analysis of judicial decisions, legal doctrine, and comparative legislation, the study demonstrates that the inquiry undermines fundamental principles of the Democratic Rule of Law, such as the natural judge principle and the prohibition of exceptional courts. The conclusion is that the direct conduction of investigations by the STF, without adherence to the accusatory system’s rules, sets concerning precedents for the balance of powers and the predictability of criminal proceedings in Brazil.