Do populismo clássico ao digital: efeitos na regulação das plataformas no Brasil à luz da influência estadunidense

Abstract

The aim of this study is to analyze how digital populism affects the process of constitutionalizing the digital environment in Brazil, considering the tenure of former President Jair Bolsonaro in Brazil and the influences received from Donald Trump in the United States. It is argued that this phenomenon affects the constitutional balance of society, as it leads to violations of fundamental rights of users, propagates antidemocratic discourses adorned with elements such as post-truth and fake news, and takes advantage of the regulatory gap regarding the regulation of platforms and the intermediaries liability existing in Brazil. In this scenario, normative countermeasures emerge with the aim of restoring the affected constitutional balance and promoting the regulation of digital platforms in Brazil. One of them is Bill No. 2630/2020, which, in its latest text, aims to implement a series of mechanisms that promote the application of the due process principle in content moderation, making the digital environment more democratic and secure for users. At the end of the study, it is noted that digital populism presents direct and irreversible effects on the Brazilian political context, which in turn affect the democratic rule of law. On the other hand, its effects lead to the urgent need to regulate digital platforms at the national level, a regulatory path that is underway and thus delineating new protective mechanisms to prevent the use of digital platforms as a stage for antidemocratic discourses.