perspectives of democracy in times of fake news
Constitutional Law. Democracy. Fundamental Rights. Freedom of Expression.
Censorship. Fake News.
A present dissertation focused its efforts on dissecting the relationship between freedom of
expression and democracy, its causes, and its effects on everyday relations, with a special focus
on electoral relations. It begins with a brief historical overview of fundamental rights,
addressing issues and concepts related to a democratic regime, and devotes an entire chapter
to the characterization of freedom of expression, including its designation as a preferential
right of personality and politics. We define a historical and conceptual framework for fake
news, as well as a psychological analysis of this phenomenon called fake news and the process
of its content going viral. We also analyze what doctrine has termed "de-democratizing"
processes and how authoritarian governments can come to power through democratic means,
undermining democracy without the population's awareness. We address current forms of
regulation or control of fake news, the role of the Superior Electoral Court, and, finally, an
analysis of the fine line between regulating freedom of expression and the potential for excesses,
including censorship. The conclusion reached is deemed more suitable for the purpose of
protecting the free expression of thought and democracy.