INQUÉRITO DAS FAKE NEWS INSTAURADO PELO STF: CONSTITUCIONAL OU INCONSTITUCIONAL?

Abstract

This article aims to demonstrate the flagrant irregularities that occurred in the investigation 4.781/DF, known as the Fake News Inquiry. The Federal Supreme Court, through President Dias Tofolli, based on the Internal Regulation of the Federal Supreme Court, initiated the Inquiry with the objective of investigating possible crimes committed through social networks, with the current Supreme Court justices appearing as alleged and main victims. Brazilian. Thus, the main objective of this study is to show the various failures and irregularities that occurred at the time the investigation was initiated, as well as during the entire investigation phase, violating constitutional principles. A study on the subject was carried out, showing that the constitutional principles of impartiality and the principle of the natural judge, as well as the procedural accusatory system, were not respected. The research was carried out in books on constitutional law, criminal procedural law, consultations with interviews with jurists, doctrinal books and on websites of immense relevance in the legal world. Finally, the research concluded that the Fake News inquiry, according to the Federal Constitution, is unconstitutional, as it violates the accusatory process of the Code of Criminal Procedure, affecting credibility, legal certainty, and the supremacy arising from the pillar of the Legal system. Brazilian.