A desinformação difundida pela administração pública e seus agentes públicos : limites e possibilidades para a configuração de um ilícito e mecanismos de controle e responsabilização de seus agentes.

Abstract

The theme is the study of forms of control of the Public Administration through false information disseminated by it, from the year 2018, when the massification of the phenomenon of dissemination of fake news was observed, during the elections in Brazil. We seek to answer the following research problem: is the dissemination of disinformation/fake news by the Public Administration illegal? If so, what are the legal instruments for controlling disinformation disseminated by the Public Administration and holding its public agents responsible? In order to answer the research problem, the hypothesis presented is that the dissemination of disinformation by the Public Administration and its public agents is illegal, which can be controlled in their untrue communications through multiple ways, such as: internal control, external control, social control and by Sanctioning Administrative Law, which should generate responsibility for the public manager. In the present work, the hypothetical-deductive method was adopted, in order to study the phenomenon of fake news and misinformation to defend the Public Administration's duty of truth, in order, finally, to verify the forms of control of the Public Administration and its agents when they convey disinformation, defend the configuration of illegal and propose guidelines for the use of these controls. As for the procedure, it will be analytical, as it analyzes the limits, possibilities for building guidelines and the use of legal instruments to control the misinformation spread by the Public Administration. As for the research technique, bibliographic research is used, with consultation on websites, jurisprudence, databases, books and national and international periodicals. The work will be divided into three chapters, the first chapter will address the issue of disinformation in contemporary society and its consequences for the Democratic Rul of Law. In the second chapter, the contributions of Jürgen Habermas' theory to the discussion about the understanding of “truth” will be addressed, and the current outlines of the principles of publicity, morality and administrative good faith and fundamental law will be described. to good Public Administration within the framework of Contemporary Constitutionalism and the Constitution of the Federative Republic of Brazil 1988, encompassing the incompatibility of the principles with the act of disseminating untrue information by the Public Administration and its agents, as well as upholding its duty of truth to citizens. In the last chapter, we will seek to identify the forms of Public Administration control already provided for in the Brazilian legal system that can be used to control misinformation conveyed by the Public Administration and propose guidelines that help in this control. Therefore, the possibilities and limits of government advertising, the configuration of administrative misconduct and internal, external and social controls will be studied. The work is socially justified because it seeks to analyze the forms of control provided for in the Brazilian legal system and propose guidelines that assist in the control of the Public Administration and its public agents when they contribute to the process of misinformation, seeking to systematize and fill the gaps in the doctrine about the topic. Based on the analysis carried out, it is possible to affirm that, from the Federal Constitution of 1988 and the guiding principles of the acts of the Public Administration, it was found that the dissemination of disinformation by the Public Administration and/or its public agents, who may be controlled in their untrue communications through multiple ways, such as internal control, external control, social control and Administrative Sanctioning Law.