Inquérito nº 4781: como o combate às fake news chegou ao supremo tribunal federal.

Abstract

This study addresses the illegalities that occurred in the initiation of inquiry nº 4781 regarding fake news, based on the tripartite theory envisioned by Montesquieu, the Federal Constitution, and the guiding principles of Brazilian law. The Supreme Federal Court (STF) initiated the inquiry with the purpose of combating threats against its members, perpetrated through social media, where the dissemination of fake news and attacks on republican institutions became frequent. To achieve this goal, a methodology was used that involved research in academic books, legal articles, academic papers, news websites, and documents related to the inquiry in question. The results indicate the existence of unconstitutionality in the opening of the inquiry, raising questions about its legality and compliance with democratic principles and constitutional guarantees. Keywords: fake news inquiry; illegalities; Supreme Federal Court; democratic principles; constitutional guarantees.