THE USE OF DEEPFAKES IN POLITICAL CONTEXTS: LEGAL IMPACTS AND RISKS TO DEMOCRACY

Abstract

This study analyzes the legal impacts and democratic risks arising from the use of deepfakes in political contexts, investigating normative gaps and institutional challenges that this technology imposes on democratic societies. The rise of generative artificial intelligence technologies reconfigures the boundaries between the real and the fabricated, threatening the epistemic trust necessary for the functioning of democratic institutions. The research is justified by the urgency to understand phenomena that erode the integrity of public debate when the very notion of evidence becomes contestable. The objective consists of examining existing regulatory frameworks, identifying normative insufficiencies, and proposing guidelines for institutional confrontation. The methodology adopts a qualitative approach of applied nature, combining bibliographic research, documentary analysis, and comparative study of Brazilian and international legal systems. The results reveal that Brazilian regulatory frameworks present significant gaps for confronting political deepfakes, with absence of specific criminal typification and fragmentation among data protection legislation, cybercrimes, and electoral norms. It concludes that preventive approaches based on algorithmic transparency and mandatory labeling present greater potential for effectiveness, demanding legislative reform that balances criminalization of willful conduct with robust safeguards for freedom of expression.