Os limites da liberdade de expressão e o controle da propaganda eleitoral negativa irregular ofensiva no processo democrático brasileiro

Abstract

This dissertation adopts as its central theme the irregular negative electoral propaganda. This is an old subject that has taken a new approach due to the mass spread of the drive for Internet communication, in which untrue, distorted or misleading news gains wide reach when launched in cyberspace, often irreversibly attaining the honour, image, good reputation and private life of the candidate and candidate victim of the offenses. Under the legal aspect, adhering to the concentration area "Constitutionalization of Law", line of research "Process of constitutionalization of rights and citizenship: theoretical and methodological aspects", the Master’s degree in Law of UFS, the subject is directly linked to the most expensive constitutional principles, both individual protectives of the moral integrity of candidates and collective - such as freedom of expression, information and access to education -, interfering with the founding values of the Republic, such as the democratic principle. In this context, the research attempts to prove that the irregular negative electoral propaganda, loaded with unfounded offenses, lies and news known to be untrue, causing misinformation, in election campaigns, is not at the protective core of freedom of expression, This conclusion has been ratified in the Brazilian legal-electoral system. The development of the work follows the inductive method, under a qualitative approach, through active bibliographic research on the doctrine, national and foreign legislation, the national jurisprudence, podcasts, lectures and legal articles that explore the theme of electoral propaganda, electoral disinformation and mechanisms to protect democracy.