Digital Constitutionalism in Brazil: Perspectives on the regulation of disinformation in social media platforms

The Brazilian president-elect has been under intense scrutiny for its ties with the spread of disinformation both during his election campaign in 2018 and during the COVID-19 pandemic. The use of disinformation in social media platforms to manipulate civil society has now become a focus of at least two criminal inquiries, as well as a judicial criminal inquiry started at the Brazilian Supreme Court. Simultaneously, the Brazilian Congress has spent the better part of a year discussing a bill that aims to prevent disinformation and regulate content moderation in social media platforms. This paper aims to analyze the normative and socio-politico response to disinformation from a perspective of societal digital constitutionalism, considering the increased prominence of the Brazilian Supreme Court in curbing the rise of authoritarian and anti-democratic discourse in the political landscape.