Os desafios na criminalização das fake news no século XXI

Abstract

This research aims to analyze the importance of information and its impact when it becomes Fake News, that is, false content, seeking to understand its legal effects within society, in addition to observing aspects that aim at the criminalization of fake news and the influence it has on human behavior. The theoretical framework is anchored mainly in the contributions of scholars Greice Patrícia Fuller, Christiany Pegorari Conte and Ireneu Francisco Barreto Junior on the subject, in addition to other experts, as well as the studies of thinker Hannah Arendt on the human condition and French linguist Dominique Maingueneau on discourse. Given this context, society is increasingly technological, which is why there is a constant increase in challenges involving the legal and digital axes, since according to the constitutional provision everyone has the right to information, communication and freedom of expression, however some limits must be drawn so that there is no distortion of news and mass manipulation, resulting in crime. Thus, the action of Law is necessary, because on the one hand the right to information must be maintained and preserved, as provided for in the constitutional provision and on the other hand the Fake News and cybercrimes must be combated, together with the vision of criminal law. In short, the purpose of the study is to investigate the influence of Fake News and the action of legislation, as well as the legal position on the subject and the cases that elucidate this issue