A nomeação do deputado Nikolas Ferreira (PL-MG) como relator de um projeto de lei que visa criminalizar a disseminação de fake news durante os períodos eleitorais gerou repercussão. Indicado pela presidenta da Comissão de Constituição e Justiça (CCJ) da Câmara, Caroline de Toni (PL-SC), Nikolas é conhecido por suas posturas polêmicas e já foi multado pelo Tribunal Superior Eleitoral (TSE) por disseminação de desinformação.
O Projeto de Lei
De autoria da deputada Érika Kokay (PT-DF), o projeto de lei propõe penas de reclusão de dois a seis anos e multa para aqueles que “disseminarem fatos sabidamente inverídicos, capazes de comprometer o processo eleitoral”. Além disso, prevê aumento de um terço da pena para agentes que cometam o crime no exercício de funções públicas e aumento de metade da pena se o delito envolver o uso de ferramentas tecnológicas baseadas em Inteligência Artificial.
Kokay argumenta que a liberdade de expressão não pode ultrapassar os limites do direito, sendo vedado o uso de desinformações para comprometer a honra, o Estado Democrático de Direito ou o processo eleitoral. Para a parlamentar, as fake news representam uma ameaça à soberania do voto e à democracia, buscando interferir de forma criminosa na vontade do eleitorado.
Críticas e Controvérsias
A indicação de Nikolas Ferreira – ele próprio multado em R$ 30 mil pelo TSE por disseminação de desinformação nas eleições de 2022 – levantou questionamentos. A multa decorreu de um vídeo veiculado por ele às vésperas do segundo turno, em que afirmava, falsamente, que o presidente eleito Luiz Inácio Lula da Silva iria confiscar bens e que teria desviado R$ 242,2 bilhões da saúde pública.
O ministro do Supremo Tribunal Federal (STF), Edson Fachin, ao rejeitar o recurso do deputado contra a multa, destacou a importância de preservar a normalidade das eleições e combater a desinformação. Fachin ressaltou que proteger a democracia é essencial para garantir uma sociedade livre e afirmou que a desinformação aniquila a verdade e os fatos.
Implicações e Futuro
O projeto de lei também aborda o uso crescente de tecnologias como a Inteligência Artificial na produção e disseminação de desinformação. Com a inclusão de penas mais severas para quem utiliza essas ferramentas, o texto busca acompanhar as inovações tecnológicas que podem potencializar o alcance das fake news.
A tramitação do projeto dependerá do próximo presidente da CCJ em 2025 e se Nikolas Ferreira continuará como membro da comissão. Caso contrário, um novo relator será designado, trazendo novas dinâmicas ao debate.
Reflexão
A indicação de Nikolas Ferreira como relator de um projeto tão sensível à sua própria história levanta questões sobre a imparcialidade e a condução dos trabalhos legislativos.
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