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Outline

UNIVERSIDADE DO ESTADO DE MATO GROSSO -UNEMAT

Abstract

With technological advances and the ease in spreading information, a real problem directly affects the most diverse sectors of communication, the so-called 'Fake News' directly violates the guarantee of the right to freedom of information, which is a way of ensuring that the freedom of opinion and expression. When observing the reatment given by the Federal Supreme Court -STF, through the theoretical framework and pertinent jurisprudence, a parallel is sought for the solution of conflicts between freedom of expression and personality rights. It is also worth analyzing whether these parameters used have been sufficient to intrinsically analyze cases of 'fake news'. The research pointed out the conceptualization and presented the characteristics of fake news, in addition to approaching the relevant legislation, analyzing some essential points to ensure understanding of the proposals, such as restrictions on the right to freedom of expression, the effectiveness of ADPF 130 and the techniques of relevance that are usually used for its application. When dealing with the jurisprudence of the Federal Supreme Court, based on ADPF 130, the points and parameters were analyzed and the judgments were organized quantitatively and qualitatively, noting the need for the STF to delve deeper and directly address the subject, mainly to have a real approach to the points open, which have not yet been explained and addressed by jurisprudence when dealing with freedom of expression, since in much of what is discussed, the relevant legislation makes explicit the approach of removing content from social networks, which can often be understood as a form of censorship, as there is no in-depth and necessary discussion of the topic.