Analysis of the fake news inquiry case

Abstract

The objective of this work is to analyze in a technical way, through the Federal Constitution, the Penal Code, the Code of Criminal Procedure, the Internal Regulations of the STF, the doctrine and jurisprudence, the possible illegalities that occurred in the inquiry 4.781, known as “inquérito of fake news”. It is questioned whether the measures adopted are in line with the current Brazilian legal system and with the Democratic State of Law. It was possible to identify several measures considered at certain times to be impartial and arbitrary, completely against what has been desired by the Brazilian State since 1988. The research methodology used was the bibliographical research of renowned authors, such as Guilherme Souza Nucci, Pedro Lenza, Paulo Rangel and Aury Lopes Júnior, among others who teach about due process of law.