Direito de resposta e fake news no processo eleitoral : reflexões críticas a partir do conjunto de julgados do TSE em 2022

Abstract

This research aims to map the exercise of the right of reply in the Superior Electoral Court in view of the occurrence of fake news in the 2022 elections. The aim is to identify the suitability and effectiveness of the institute formatted for a face-to-face world and originally aimed at traditional media, such as written newspapers, radio and television. Faced with an increasingly fast-paced, connected and interactive world, the question arises as to whether the traditional right of reply institute effectively meets the demands of a permanent and digital electoral campaign. Thus, the research aims to investigate the suitability of a means already existing in the legal system in Brazil, used to inhibit aggression and to analyze its effectiveness in maintaining the balance and integrity of the elections. To achieve these objectives, the research combines quantitative and qualitative approaches. Considering the history of the 2022 elections in Brazil, the research focused on the database of the Superior Electoral Court, the Electronic Judicial Process (PJE).