Sá Júnior, Edinaldo Benício deSantos, Douglas2023-08-072023-08-072023-07-18SANTOS, Douglas. Fake news: da liberdade de expressão à perda de mandato, análise à luz do Recurso Ordinário n.º 0603975-98.2018.6.16.0000. Orientador: Edinaldo Benício de Sá Júnior. 2023. 55 f. Trabalho de Conclusão de Curso (Graduação em Direito) - Departamento de Direito, Universidade Federal do Rio Grande do Norte, Natal, 2023.https://repositorio.ufrn.br/handle/123456789/54424To what extent is freedom of demonstration capable of becoming a threat to democracy? Freedom of expression is a right dear to society, as many other equally important rights derive from it for the construction of a more just and fraternal democracy for all. On the other hand, in recent years, it has been quite common to use this right to spread disinformation, through so-called fake news, with the aim of attacking the democratic state of law and undermining people's trust in its institutions. Such an attitude, however, can lead its agents to answer for the commission of a crime, in view of the damage that this type of behavior can cause to society. Political instability, economic crisis and social rupture are just some of the risks that the proliferation of these contents has caused in recent Brazil. Understanding this phenomenon and how it operates, especially in stimulating political polarization and weakening democracy, has become an increasingly important task for any nation that wishes to minimally preserve its political, social and economic stability. On the other hand, finding the limits between the use of this freedom and the responsibility for its misuse, when it results in the commission of a crime, has not been an easy task. The line between demonstration and criminalization is very tenuous, and the risk of this conviction resulting in violation of a fundamental right is very high. Otherwise, allowing acts of this nature to go unpunished, especially when practiced by public agents, can lead to the gradual erosion of democratic institutions, with devastating results for all. From this perception, based on qualitative research, hypothetical-deductive approach, the present work seeks to understand the mechanisms used in the use of disinformation, as a political instrument, and how they impact the Brazilian democratic system, especially in elections, seeking to understand the limits between the freedoms defended when it is used, and its accountability, when the commission of a crime remains configured. Therefore, as a way to better consolidate learning, the recent performance of the Brazilian Judiciary will be examined, through the analysis of Ordinary Electoral Appeal n.º 0603975-98.2018.6.16.0000, whose decision, through the use of technique of balancing principles, proved to be relevant for the country's jurisprudence, in view of the pioneering spirit and the repercussion of the applied sanctions.Attribution-NonCommercial-NoDerivs 3.0 Brazilhttp://creativecommons.org/licenses/by-nc-nd/3.0/br/fake newsdesinformaçãoliberdade de expressãodemocraciaeleiçõesbachelorThesisCNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO