A atuação do Supremo Tribunal Federal no combate às fake news como ultima ratio na preservação da segurança jurídica, paz social, estado democrático de direito e garantia da verdadeira liberdade de expressão

Abstract

In the social environment, controlling the dissemination of fake news is the target of intense criticism that links it to a type of censorship, that is, to actions that violate freedom of expression. As ideals for resolving this apparent conflict, several theories such as those of PauloBarros De Carvalho, Richard Posner and Niklas Luhman, and legal-analytical formats used bydifferent countries are suggested. However, there is a need to find one that offers greatereffectiveness and legal security to the limitation of freedom of expression in the context of fake news, an institute that boosts the figure of hate speech and weakens the structures of democracy. Thus, this work, prepared through explanatory research, seeks, based on an analysis of the term fake news and the fundamental right to freedom of expression, to connect the ideas regarding the need to regulate fake news with the conflict that such an act would generate in the face of to fundamental right. Proposing, after confronting the obstacle with different legal theories and foundations, that the fundamental right be considered, based on the principle of proportionality, by the Federal Supreme Court. There is control whenever the specific case involves an affront to values that affect the supremacy of the constitution or generate high social harm, that is, both in cases of attack on the Democratic Rule of Law and its foundations stipulated by the Brazilian Federal Constitution - for example, attacks against the electoral process -, as in offenses against minorities.