Prosecution Service and the defense of digital democracy

disinformation control and protection of the public sphere

Abstract

The advancement of digital technologies has profoundly transformed the public sphere, expanding access to information while also enabling the structured dissemination of disinformation. In the Brazilian context, marked by intense political polarization and the strategic use of digital platforms to spread fraudulent content, the Prosecution Service plays a central role in defending the democratic regime under Articles 127 and 129 of the 1988 Federal Constitution. This article examines the limits and possibilities of prosecutorial action in combating disinformation, addressing the extent to which such intervention may occur without violating freedom of expression and constitutional guarantees. The research adopts a qualitative methodology, employing a critical-normative approach, a deductive method, and bibliographic and jurisprudential analysis, particularly of the Federal Supreme Court. It argues that prosecutorial intervention is constitutionally legitimate when guided by proportionality, proper reasoning, institutional transparency, and the prohibition of prior censorship. The study concludes that the Prosecution Service must act as a structural guarantor of informational integrity within the public sphere, preserving freedom of expression while strengthening democratic accountability mechanisms.