On modern democratic discourse, the core of State legitimacy is popular sovereignty, and this is based on the concept of political representativeness, in which the basis of citizen identity is established (Bernard Manin) and the idea of “people” is produced (Chantal Mouffe). Considering the political fake news and its effect on elections (on India, the United States, France, Brasil), the premises of auditory democracy (Manin) can have imploded itself, as result of the dissipation of holographic information. Consequently, it is possible to question whether the discursive core of sovereign legitimacy has deteriorated. Or rather, could the rise of a post-democratic state be affirmed? Or would it be a metamorphosis for a new form of political representation and legitimacy? This study proposes a legal-theoretical investigation of popular sovereignty, legitimacy, identity and representation on the search for clues to characterize the representativeness after fake news.