Nova resolução número 23.732 do Tribunal Superior Eleitoral e as propagandas eleitorais: análise dos efeitos da nova norma à luz do marco civil da internet e do direito à liberdade de expressão

Abstract

This study analyzes the innovations brought by the new Resolution Nº. 23.732 of 2024, from the Superior Electoral Court, in light of the Internet Civil Framework (Marco Civil da Internet). The research's main focus is to verify whether the right to freedom of expression, a fundamental right for the creation of the Internet Civil Framework and a fundamental right provided for in the Constitution of the Federative Republic of Brazil, is impacted in any way by this legislative innovation. Based on the hypothetico-deductive method, the evolution of disinformation over the years was analyzed, as well as the technologies, such as artificial intelligences for example, that began to be attached to it. Subsequently, a case study analysis was performed where artificial intelligences were used in the electoral process scenario. It was found that the current digital scenario is completely different from when the MCI was enacted, showing how the norm is becoming anachronistic. It is concluded that the new resolution violates freedom of expression as it is set out in the MCI. However, showing how this violation is an externalization of how courts are now viewing the digital environment