As fake news e os limites da liberdade de expressão no ambiente virtual

Abstract

This paper aims to analyze the constitutional limits of freedom of expression in the face of the dissemination of fake news, particularly in the digital environment, and the regulatory challenges involved in addressing this phenomenon without infringing on fundamental rights. The inductive approach was chosen as the methodological basis for the development of this research. The methodology employed consisted of bibliographic and documentary research, with emphasis on legal doctrines, case law, and national and international legislation, to understand the impacts of disinformation on contemporary society and the legal system. The results show that the spread of false information undermines public opinion, collective security, health, and the integrity of democratic institutions, requiring a regulatory approach that balances truth protection and freedom of expression. The analysis demonstrates that although the Federal Constitution guarantees this fundamental right, it is not absolute and must be weighed against other rights, such as human dignity and access to accurate information. It is concluded that it is essential to implement public policies, media literacy, and effective legal mechanisms to combat disinformation without resorting to censorship, while ensuring a safer and more accountable digital space