Regulação eleitoral digital e poder infraestrutural das plataformas: limites das Resoluções do TSE nas eleições presidenciais de 2022

Abstract

[Purpose] This paper examines the structural limits of Brazilian electoral regulation in the face of the infrastructural power exercised by digital platforms over political visibility. It investigates whether the regulatory model adopted by the Superior Electoral Court (TSE) during the 2022 presidential elections was sufficient to ensure democratic integrity in a digitally mediated public sphere. [Methodology/approach/design] The research adopts a qualitative, juridical-critical approach based on the hypothetical-deductive method. It combines documentary analysis of TSE Resolutions no. 23,610/2019, no. 23,714/2022 and no. 23,688/2022 with a bibliographic review on algorithmic governance and electoral integrity. The analysis applies three criteria: regulatory focus on content versus infrastructural dynamics; existence of transparency and auditability duties; and capacity to reduce asymmetries of political influence. [Findings] The study finds that the 2022 framework represented institutional maturation compared to 2018, particularly in reactive mechanisms against disinformation and irregular online propaganda. However, regulation remained predominantly oriented toward the removal of unlawful content and accountability for identifiable conduct. Structural obligations concerning algorithmic transparency, systemic risk assessment, and independent auditing were absent, leaving platform infrastructural power largely intact. [Practical implications] The findings indicate the need to complement reactive enforcement with structural regulatory instruments, including qualified algorithmic transparency, systemic electoral risk assessment, independent auditing, and formalized cooperation duties. [Originality/value] The article reframes democratic integrity as dependent not only on procedural safeguards but also on the governance of digital visibility architectures.