Divulgação de fake news como ato de improbidade atentatório contra os princípios da administração pública

Abstract

In the Post-Truth Era, characterized by the popularization of the worldwide web and effervescence of digital medias, we are bombarded all the time by a complex range of information. The internet has become extremely relevant, figuring as a stage for the exercise of the right to freedom expression, raising intense public and social debates. Fake news take advantage of this space for fast exchange of content to spread in a viral way, causing informational chaos, especially in Public Administration, when propagated by public agents. Based on this context, this monograph aims to investigate if the disclosure of fake news by public agents constitutes an Administrative Improbity Act against the Principles of Public Administration. In the research, the deductive-qualitative method was used, investigating the theme in the National legislation, doctrine and Jurisprudence of the State and Superior Courts. Initially, the contemporary informational context is studied, approaching the conceptual and doctrinal aspects of post-truth and fake news. Then, the elements that characterize the Administrative Improbity Acts typified in art. 11 of Law 8.429/92 are analised, debating the mitigation of the right to freedom expression confronting the fight against fake news. It was concluded that the disclosure of fake news by public agents can be capitulated as an Administrative Improbity Act that violates the Principles of Public Administration, compromising the integrity of the democratic regime and the reliability of the citizens regarding the legitimacy of administrative acts.