A CARACTERIZAÇÃO DA GRAVIDADE DAS CIRCUNSTÂNCIAS À LUZ DAS BALIZAS DO PLP 112/2021: UMA ANÁLISE DO RECURSO ORDINÁRIO ELEITORAL Nº 0603975-98

Abstract

This is a final paper that examines how the use of algorithmic means in political advertising can interfere in the process of convincing voters and configure the abuse of power in the form of misuse of the dital plataforms, based on doctrinal, legal and jurisprudential criteria of the severity of the conduct, as well as studying the possibility of drawing up guidelines for marking the seriousness of the act in decisions aimed at penalizing the offender with the loss of the elective mandate. Therefore, is analysed the Recurso Ordinário Eleitoral No. 0603975-98, which resulted in the impeachment of the mandate of Federal Deputy Fernando Destito Francischini, who shared untrue information about the e-voting sistem on his social media. The decision is a true milestone in accountability for the misuse of social networks. In fact, the abuse of data and the misuse of information is a fact that must be incompatible with the Democratic State of Law insofar as it has sufficient strength to confront democratic and electoral principles. From this premise, the text advances in the observation of parameters established by the Projeto de Lei Complementar 112/2021, which aims to establish a new Electoral Code, bringing to light the need to leave the case-by-case judgment for a categorical and substantial foundation. It is concluded that the abuse of media power has several harmful effects, such as informational pollution on the internet and, consequently, the manipulation of voters due to the use of personal data and algorithms. Furthermore, it is observed that the arguments presented in the PL 112/2021 can lead to an adequate judgment by the judges and courts, when it is necessary to grade the severity of the abusive conduct.