Public policies and digital regulation in combating abuse of power and the misuse of digital media in brazilian elections

Technological advancements in the Brazilian electoral context challenge the traditional legal framework based on the principle of legality.This study examines the effectiveness of soft law instruments, such as TSE Resolution No. 23,735/2024, combined with digital education policies and international cooperation, to address disinformation, algorithm manipulation, and abuse of economic power.The Resolution exemplifies an agile normative response that safeguards electoral integrity without creating criminal offenses.However, legislative gaps highlight the need to update criminal norms to encompass digital conduct while respecting fundamental rights.Digital education emerges as a strategic tool to develop critical and resilient citizens against disinformation, while international cooperation strengthens global responses to transnational abuses.The integration of soft law, updated legislation, and public policies is presented as a balanced solution to strengthen democracy and adapt the Democratic Rule of Law to the demands of the digital age.

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Publication Details

Journal
Revista de drept constituţional
Published
2025-02-01
DOI
https://doi.org/10.62938/rdc-2024-2-0001
Primary Topic
Social Media and Politics
Type
article
Field-Weighted Citation Impact
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article

Public policies and digital regulation in combating abuse of power and the misuse of digital media in brazilian elections

Oswaldo Pereira de Lima
Revista de drept constituţional
Social Media and Politics
article

Public policies and digital regulation in combating abuse of power and the misuse of digital media in brazilian elections

Oswaldo Pereira de Lima
article en

Abstract

Technological advancements in the Brazilian electoral context challenge the traditional legal framework based on the principle of legality.This study examines the effectiveness of soft law instruments, such as TSE Resolution No. 23,735/2024, combined with digital education policies and international cooperation, to address disinformation, algorithm manipulation, and abuse of economic power.The Resolution exemplifies an agile normative response that safeguards electoral integrity without creating criminal offenses.However, legislative gaps highlight the need to update criminal norms to encompass digital conduct while respecting fundamental rights.Digital education emerges as a strategic tool to develop critical and resilient citizens against disinformation, while international cooperation strengthens global responses to transnational abuses.The integration of soft law, updated legislation, and public policies is presented as a balanced solution to strengthen democracy and adapt the Democratic Rule of Law to the demands of the digital age.

Revista de drept constituţionalVol. 2025(2)
Universidade Federal do Estado do Rio de Janeiro (BR)
Peace, Justice and strong institutions, Gender equality
Openalex Percentile: Top 98%
Social Media and Politics
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