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The participation of the people in the elections is one of the main features of democratic legitimacy. In digital times, the dissemination of “Fake News” can compromise the electoral process. Understanding this 'phenomenon' and its categories is of paramount importance to guarantee the constitutional principles of the Democratic Rule of Law, with the need to find, in doctrine and jurisprudence, out what measures can be taken, such as digital education, in view of the need to ensure access to right of free speech and non-misleading information and, thus, to prevent the spread of fake news and the taint of elections.

DEMOCRACIA E LEGITIMIDADE DO PROCESSO ELEITORAL: Novos desafios frente a atuação das fake news