O inquérito das Fake News como instrumento de resistência democrática

o STF e a aplicação da teoria da democracia militante na defesa da democracia brasileira

Abstract

The work demonstrates that the Fake News Inquiry, opened by the Presidency of the Supreme Court and distributed to the rapporteurship of Minister Alexandre de Moraes, was established to investigate fraudulent news, false reports of crimes, slanderous denunciations and threats that affected the honor and safety of the Supreme Court and its members, but which actually ended up materializing in a powerful legal instrument with clear inspiration in the Theory of Militant Democracy by the German jurist Karl Loewenstein. It served, in turn, as a powerful means of dissuasion and containment of anti-democratic movements and speeches, forged amid the rise of authoritarian populism that characterized the Bolsonaro government, becoming a shield for the Supreme Court to exercise self-defense and self-preservation, as well as for the protection of the democratic rule of law. The research methodology developed is of the legal-dogmatic and documentary type, based on the deductive method, with the use of an intense literature review. The research is pure and qualitative in nature, with descriptive and exploratory purposes.