Redes sociais e democracia: modelo, estrutura e principais desafios de sua regulação em matéria eleitoral

Abstract

The work addresses central questions about the model and object of regulating the performance of social media in electoral matters. It starts from the analysis of the central need for data protection contemporaneously, as a guarantee of informational self-determination and its treatment by the Brazilian Supreme Court to demonstrate that political privacy is a condition for the exercise of citizenship and how the paradigmatic change in the world connected by social networks imposes the need for regulation of its activity in political-electoral matters, its possible theoretical models, the adoption of criteria for the division of regulatory tasks between public and private actors and the desired profile. The Brazilian electoral regulatory model is analyzed and its adaptation to the protective system established by the Brazilian General Data Protection Law and the interfaces between the performance of the National Data Protection Authority and the Electoral Justice and the necessary systematic adjustments are discussed. At last, the three main challenges to regulation are pointed out, namely: the defense of sovereignty, transparency in electoral campaigns and the duty of sincerity in the political-electoral debate. The method used is the deductive one with the occasional use of the comparative given the transnationality of the problem.