THE RIGHT OF REPLY AS A INSTRUMENT OF PARITY OF ARMS IN THE ELECTORAL DISPUTE

Abstract

The present study brings an analysis of articles 58 and 58-A of the election’s law (Law nº 9.504/97), which provides for the right of reply and how its absence directly affects the constitutional principles of democracy and sovereignty. In Brazilian society, the spread of fake news increases during the electoral period, which proves to be very harmful, since it can crucially influence public debate, misleading voters. The main objective of this research is to know the institute of the right of reply, which is guaranteed by article 5, V, of the Brazilian Constitution of 1988, and to demonstrate its relevance during the electoral debate, starting from the assumptions of the right to contradictory, through the freedom of information and the right to information, with the intention of better understanding the institute of the right of reply and, thus, contributing for it to be applied in the best possible way, with the desired social consequences.