A agenda brasileira no combate à cultura da desinformação nas mídias sociais

Abstract

This research aims to investigate the Brazilian program towards the combat against the disinformation in the social medias. The investigation starts from the premise about how the transformations of the Fourth Industrial Revolution and the Surveillance Capitalism enabled the restructuring of the on-line environment and the emergence of a new economic imperative, which resulted in the rising of the social medias and in problems such as the phenomenon of the disinformation. The research is qualitative and has an epistemological-hermeneutical focus, for its search for the legal interpretation of this phenomenon, but with support on the other areas of knowledge. It is based on a bibliographic and documental analysis, for using, as theoretical input, the studies which address to the disinformation and the characteristics of the cyberspace, as well as the analysis of laws, a draft law, a decree, resolutions and judicial decisions that depict the action of the public authorities in the construction of the Brazilian program. The methodological choice was the analysis of the legislative activity, applied in the elaboration of the Draft Law nº 2630/2020, and in the exercise of the Supreme Federal Court, of the Superior Electoral Court and of the Republic Presidency. The research enabled: the theoretical delimitation of the kinds of disinformation as a foundation on the semantic of the fraud; the understanding of the constitutional paradigm and its influence in the implementation of regulatory standards; the interpretation of the Brazilian regulatory position in the confrontation of the disinformation. It was concluded that the Brazilian program towards the combat to the disinformation has already started to be formulated, however, there is no consensus yet about the regulatory-legislative model and when it will be implemented, and thereby, the control of the damages occasioned by the disinformation continues extremely reliant of the action of the Judiciary Branch. Thus, it is necessary to conceive Law as a means of innovation, to reflect and to invest in new regulatory models, compatible with unprecedent phenomena, such as the case of the disinformation in the social medias.