DEMOCRACY AT RISK: CIVIL LIABILITY FOR THE USE OF ARTIFICIAL INTELLIGENCE IN ELECTION MANIPULATION

Abstract

The advancement of artificial intelligence (AI) has had profound impacts on political communication and electoral processes, especially with regard to the manipulation of public opinion. This article analyzes civil liability for the use of AI in the manipulation of elections in Brazil, in light of the Brazilian Internet Bill of Rights and the resolutions of the Superior Electoral Court (TSE). It investigates how technology has been used to distort democratic debate, the legal foundations of civil liability applicable to the digital environment, and the current electoral regulatory mechanisms. It argues that, although the Brazilian Internet Bill of Rights and the TSE resolutions provide relevant instruments for holding candidates, parties, digital platforms, and technology developers accountable, challenges persist in identifying those responsible and in adapting the rules to the complexity of new technological tools. It concludes that, in order to guarantee the integrity of elections, it is necessary to strengthen transparency regimes, improve accountability procedures, and promote legislative adjustments that consider the specificities of artificial intelligence.