Acceso usuarios
Diogo Rais Rodrigues Moreira, Fernanda Rabello Belizário, Rafaela Iansen Miranda Silva
This article aims to analyze the extent of parliamentary material immunity on social media based on Karl Popper's "paradox of tolerance". The substitute for Bill No. 2630 of 2020, popularly known in Brazil as the “Fake News Bill,” has sparked a debate regarding its interpretation by proposing the extension of this guarantee to platforms maintained by social media application providers. It discusses whether proposing absolute immunity that tolerates any statements by parliamentarians under the argument of respecting freedom of expression could weaken the same principle it seeks to protect if abuses occur. At the end, specific cases judged by the Supreme Federal Court are analyzed, clarifying the practical application of its current positions on the topic. As a result, it is found necessary not to interpret such provisions in an unrestricted manner to enable the defense of democracy, the cohesion of the legal system, and the coexistence of rights in apparent collision. The methodology is based on the hypothetical-deductive method, which involves analyzing Brazilian legislation and jurisprudence on the subject.
