Regulation of the Use of Artificial Intelligence through Resolution No. 23,732/2024 – TSE and its Application by Regional Electoral Courts in the 2024 Elections

Abstract

This paper aims to understand the changes to Resolution no. 23.610/2019 – TSE made by Resolution n. 23.732/2024 – TSE, which brought normative innovations regarding the use of artificial intelligence in propaganda and the electoral process and its use by the Regional Electoral Courts (TRE's). To this end, the work addresses the concept of Artificial Intelligence (AI) and its evolution in society, in addition to discussing the functioning of algorithms, the use of the database and its sharing, in addition to issues related to deepfake and fake news. Then, it addresses and comments on the normative changes made by Resolution n. 23.732/2024, and presents how the TRE's applied the new provisions in the 2024 elections. Regarding the methodology, an exploratory study was carried out, with an analysis of the legislation applied to the species, of doctrine and jurisprudence of the TRE's, in addition to a qualitative research in cases tried by these courts. It was concluded, then, that Resolution n. 23.732 offered important legal grounds for Electoral Judges and TREs to act to prevent the dissemination and sharing of false, decontextualized content, offensive to the honor and image of candidates, manipulated by AI and shared on social networks or communication applications such as Whatsapp.