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

Summary/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.

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