Constitucionalismo digital: uma breve análise acerca da liberdade de expressão na era da comunicação digital

Abstract

In the present work, the limits of freedom of expression in the virtual environment are addressed, based on analyzes of fake news and hate speech. It considers, in a context of increasing users on social networks, the growing dissemination of false news and the repercussion of cases that violate human dignity, which occur under the foundation of the right to expression. Thus, under the aegis of a hyperconnected society, the clash of constitutional values is consolidated as the legal problem faced in the study, which discusses the extent to which the right to freedom of expression should be protected amidst false and oppressive discourses. . In the end, it appears the importance of weighing the principles that guide the themes, as well as the democratic challenges arising from facing contradictory issues arising from the digital age, responsible for transforming ways of life. In the methodological aspect of the work, the dialectical method and the bibliographical research were used, both combined with the doctrinal analysis about false news and the evaluation of the risks generated to democracy. Not only, the study was based on the precepts established in the Federal Constitution of 1988, proposing to outline an overview and understand the dimension of the right to freedom of expression, based on an examination of complaint 22.238/RJ of the Federal Supreme Court, which established legal foundations about the phenomenon of fake news