Fake News in Brazilian Electoral Law: a new challenge for old instruments

The present study intends to analyze the case involving donations from legal persons, which is prohibited by Brazilian Electoral Law, used to orchestrate fake news dissemination, in the scope of the campaign of then presidential candidate Jair Bolsonaro, in 2018, as a challenge for the current Electoral System. Even though Electoral justice system has the duty to investigate the origins of all donations received by a candidate, when the illegal sources are used to promote fake news, this duty is challenged by a new phenomena, that demands more time and resources to be investigated. Thereby, the lack of a proper legal action, that could allow a deeper investigation of fake news cases — and consequentially of the resources used to promote it — puts the Brazilian Electoral Law one step behind the current demands, and undermines electoral fair play and the very structure of representative democracy.